HomeMy WebLinkAbout10/15/2013City of
Diamond Bar
City Council Agenda
Tuesday, October 15, 2013
6:30 p.m. — Regular Meeting
Diamond Bar City Hall
Windmill Room, First Floor
21810 Copley Drive, Diamond Bar, CA 91765
Jack Tanaka Ron Everett
Mayor Mayor Pro Tem
Ling -Ling Chang Carol Herrera Steve Tye
Council Member Council Member Council Member
City Manager lames DeStefano City Attorney David DeBerry City Clerk Tommye Cribbins
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CITY OF DIAMOND BAR
CITY COUNCIL AGENDA
October 15, 2013
CALL TO ORDER:
PLEDGE OF ALLEGIANCE
INVOCATION:
ROLL CALL:
APPROVAL OF AGENDA:
Next Resolution No. 2013-31
Next Ordinance No. 09 (2013)
6:30 p.m.
Mayor
Cantor Paul Buch,
Temple Beth Israel
Council Members Chang, Herrera, Tye,
Mayor Pro Tem Everett, Mayor Tanaka
Mayor
SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
1.1 Presentation of Certificate of Recognition to Calvary Lutheran
Church/School Student Joseph Lee for saving his Uncle from drowning.
1.2 Proclaiming October 17, 2013 — as "The Great California Shakeout"—
Earthquake/EOC Exercise.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS:
2.1 Presentation by Tina Javid, Representative for Southern California Gas
Company regarding the "Advanced Meter Project".
3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each
regular meeting agenda to provide an opportunity for members of the public to
directly address the Council on Consent Calendar items or matters of interest to
the public that are not already scheduled for consideration on this agenda.
Written materials distributed to the City Council within 72 hours of the City Council
meeting are available for public inspection immediately upon distribution in the City
Clerk's Office at 21810 Copley Dr., Diamond Bar, California, during normal business
hours.
October 15, 2013 PAGE 2
Although the City Council values your comments, pursuant to the Brown Act, the
Council generally cannot take any action on items not listed on the posted
agenda. Please complete a Speaker's Card and give it to the City Clerk
(completion of this form is voluntary). There is a five-minute maximum time limit
when addressing the City Council.
4. RESPONSE TO PUBLIC COMMENT: Under the Brown Act, members of the
City Council may briefly respond to public comments but no extended discussion
and no action on such matters may take place.
5. SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — October 22, 2013 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.2 Parks and Recreation Commission Meeting — October 24, 2013 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 Halloween Haunted House 3D — October 30 — 31, 2013 — 6:00 p.m. to
9:00 p.m., Heritage Park, 2900 S. Brea Canyon Road.
5.4 Fall Fun Festival — October 31, 2013 — 4:30 p.m. to 8:30 p.m., Heritage
Park, 2900 S. Brea Canyon Road.
5.5 Eco Expo 2013 — November 2, 2013 — 10:00 a.m. to 2:00 p.m. — South
Coast Air Quality Management District Parking Lot, 21865 Copley Drive.
5.6 City Council Meeting — November 5, 2013 — 6:30 p.m., Windmill
Community Room, 21810 Copley Drive.
6. CONSENT CALENDAR:
6.1 City Council Minutes — Regular Meeting of October 1, 2013 — Approve
as submitted.
6.2 Planning Commission Minutes — Regular Meeting of August 27, 2013 -
Receive and File.
6.3 Ratification of Check Register - Dated September 26, 2013 through
October 9, 2013 totaling $1,200,667.18.
Requested by: Finance Department
6.4 Second Reading and Adopt Ordinance No. 08(2013): Adding Chapter
9.02 to Title 9 of the Diamond Bar City Municipal Code Establishing a
Reward for Information Leading to the Arrest or Conviction of a
Person Damaging Property as a Result of a Residential Burglary.
October 15, 2013 PAGE 3
Recommended Action: Approve for Second Reading by Title Only,
Waiving Full Reading and Adopt.
Requested by: City Manager
7. PUBLIC HEARINGS: 6:45 p.m., or as soon thereafter as matters may be heard.
7.1 Ordinance No. 0X(2013): Amending Title 15 of the Diamond Bar
Code and Adopting, by Reference, the "California Building Code",
Volumes 1 and 2, Including Appendices C, I and J Thereto, Chapter 1
Division II of the 2013 the "California Building Code" as the
Administrative Code, the 2013 California Mechanical Code", and the
Appendices Thereto, the 2013 "California Plumbing Code" and the
Appendices Thereto, the 2013 "California Electrical Code" and the
Appendices Thereto, The 2013 "California Residential Code",
Including Appendices G, H, J, K, and O Thereto, the 2013 "California
Green Building Code", Without the Appendices Thereto, Together
with Certain Amendments, Additions, Deletions and Exceptions.
Recommended Action: Receive Staff's presentation, Open the Public
Hearing, Receive Testimony, Close the Public Hearing and Approve for
First Reading by Title Only, Waiving Full Reading of Ordinance No. OX
(2013).
Requested by: Building Department
8. COUNCIL CONSIDERATION:
8.1 First Reading of Ordinance 0X(2013): Amending Title 10, by Adding
Section 10.16.115 to the Diamond Bar Municipal Code Prohibiting
Parking of Vehicles on City Streets and Public Property for the
Purpose of Sleeping.
Recommended Action: Receive Staff's Report, and Approve for First
Reading by Title Only, Waive Full Reading of Ordinance No. OX (2013).
Requested by: City Manager
8.2 Approval of Fiscal Year 2013-14 Appropriation Adjustments for Carry
Forward Expenditures, Capital Project Carryovers and Fiscal Year
2012-13 Final Adjustments.
Recommended Action: Approve.
Requested by: Finance Department
October 15, 2013 PAGE 4
8.3 (a) Approve First Reading of Ordinance 0X(2013): Amending
Division 5 of Chapter 8.12 of the Diamond Bar Municipal Code
Relating to Standard Urban Stormwater Mitigation Plan (SUSMP)
Requirements by Imposing Rainwater Low Impact Development (LID)
Strategies on Projects that Require Building, Grading and
Encroachment Permits.
Recommended Action: Approve for First Reading by Title Only, Waive
Full Reading of Ordinance No. OX (2013).
(b) Adopt Resolution No. 2013 -XX: Approving a Green Streets
Manual for New Construction and Reconstruction of Road Projects.
Recommended Action: Adopt.
Requested by: Public Works Department
9. COUNCIL SUB -COMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
10. ADJOURNMENT:
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Agenda No. 6.1
MINUTES OF THE CITY COUNCIL
REGULAR MEETING OF THE CITY OF DIAMOND BAR
OCTOBER 1, 2013 � D d ��
CALL TO ORDER: Mayor Jack Tanaka called the Renu
Council
meeting to order at 6:30 p.m. in the Windmill Community Room, Diamond Bar City Hall,
21810 Copley Drive, Diamond Bar, CA.
PLEDGE OF ALLEGIANCE: Mayor Tanaka led the Pledge of Allegiance.
INVOCATION: Monsignor James Loughnane, St. Denis Catholic
Church gave the invocation.
ROLL CALL: Council Member Chang, Herrera, Tye, Mayor Pro
Tem Everett and Mayor Tanaka.
Staff Present: James DeStefano, City Manager; David Doyle,
Assistant City Manager; Omar Sandoval, Assistant City Attorney; Dianna Honeywell,
Finance Director; Greg Gubman, Community Development Director; David Liu, Public
Works Director, Bob Rose, Community Services Director; Ken Desforges, IT Director;
Ryan McLean, Assistant to the City Manager; Kimberly Young, Associate Engineer;
Cecilia Arellano, Public Information Coordinator; Alfredo Estevez, Help Desk Support
Technician; and, Tommye Cribbins, City Clerk.
APPROVAL OF AGENDA: As Presented.
1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS:
NEW BUSINESS OF THE MONTH:
1.2 Mayor Tanaka and Council presented a Certificate Plaque to Mike Navas,
owner of Hunan Restaurant, 1155 S. Diamond Bar Boulevard, Unit L, as
New Business of the month for October 2013.
2. CITY MANAGER REPORTS AND RECOMMENDATIONS: None Offered.
3. PUBLIC COMMENTS:
Pui-Ching Ho, Diamond Bar Library Acting Librarian, announced upcoming
events: High school students will read and discuss Jane Austin's novel "Pride
and Prejudice" on October 2 at 4:00 p.m. The Teen Literature Circle will meet
every Wednesday during the month of October. On Saturday, October 5 at 2:00
p.m. elementary school children will learn how to design and build a rubber band
powered car. For more information, stop by the Library's Reference Desk or call
909-861-4978. Beginning Wednesday, October 16 at 10:00 a.m. in the Windmill
Community Room a series of five workshops will be offered to children and
parents of newborn to four years old. These workshops are designed to help both
parents and children learn to play together as well as learning about local
resources for parenting. Included in the workshops topics to be discussed will
include child development, nutrition, speech, literacy and dental care.
OCTOBER 1, 2013 PAGE 2 CITY COUNCIL
Ms. Ho also invited students from kindergarten through 12th grade to enter the
annual bookmark contest to create a bookmark designed around books and/or
reading. Bookmarks will be judged on creativity and originality. Entry forms are
available at the library and must be returned no later than October 19. Winners
will be notified in November.
Dr. Nove Deypalan, founder and music director of the Walnut Valley Symphony
Orchestra, invited Council, young musicians and members of the community to
join the Orchestra and Master Chorale. Auditions will be held on October 5 for
the orchestra at the Walnut Senior Center and Sunday, October 6 from 2:00 to
4:00 p.m. for choir members. This is open to all ages and groups.
Nancy Lyons stated that in speaking with residents she has heard comments
about the lack of casual and upscale sit down restaurants and retail shopping in
Diamond Bar. She asked the City to consider being more business friendly and
streamline the permit process. She also suggested working with the San Gabriel
Valley Chamber of Commerce to bring more businesses to the City. Last month
she attended the "Wine Walk" in Claremont which was a tour of downtown
businesses. Also, Glendora presents "A Taste of the Village" to encourage
people to patronize restaurants and retail stores. She suggested that the City
Council consider appointing a task force to work on increasing business and
retail in the City.
RESPONSE TO PUBLIC COMMENTS:
CM/DeStefano responding to the last speaker stated that the City is working very
hard to bring businesses to the City. Diamond Bar is the single largest
contributor to the San Gabriel Valley Chamber of Commerce contributing
$12,000 per year to help market Diamond Bar, Diamond Bar businesses,
property owners and employers large and small. At the last City Council meeting
he mentioned the success he believes both Council and staff is having citywide
with respect to full shopping centers and that it includes not only retailers but
restaurants, medical as well as other office uses. Diamond Bar restaurants with
the exception of a few in the northern part of the City are doing extremely well. A
short time ago the City produced a Restaurant Guide to help to further promote
some 100 restaurants in the City. The guide lists restaurants by the type of food
served, price points, website information, delivery service information, etc. The
City can always use more restaurants and the City has made every effort to get a
restaurant next to Chili's which is the number one restaurant in the City and the
number one restaurant for most of the immediate area. Diamond Bar went after
Chili's a few years ago because the City knew it would be good for the
community and do well in this area. The problem with the property next door is
that the current owner (Panda Express) bought the property at the peak of the
market and they are struggling to make that business -decision work which has
resulted in them seeking the highest rents in the City which is why the property
remains vacant. The $3.50 per square foot is about a dollar more than other
rents for business properties in the City. While staff and the Council continue to
OCTOBER 1, 2013 PAGE 3 CITY COUNCIL
9
work on getting other business in the City it remains somewhat difficult because
Diamond Bar does not have a "downtown" area enjoyed by other cities such as
Claremont, LaVerne and Glendora nor does it have a centralized Chamber of
Commerce that has a closer link to the business community.
CM/DeStefano further stated that he and CDD/Gubman are meeting with the
property owners of the Kmart property to discuss a new plan. The property
owner has purchased the parcels two doors away where East West Bank and
Baskin-Robbins are located. While land is scarce, Diamond Bar continues to
move forward to attract businesses. Diamond Bar is a very business -friendly
community. In fact, the Kosmont Rose Institute study on southern California
cities and their business -friendly attitudes including time to process projects,
costs associated with processing projects, regularly lists Diamond Bar as a very
low-cost "to-do business" City. This is a tool that the City has benefited from
when marketing to developers and businesses. While staff would like to have
additional fees for work performed, the City's fees remain low and covers only
the costs and work to the advantage of the City in attracting developers and
businesses.
SCHEDULE OF FUTURE EVENTS:
5.1 Planning Commission Meeting — October 8, 2013 — 7:00 p.m., Windmill
Community Room, 21810 Copley Drive.
5.2 Traffic and Transportation Commission Meeting - October 10, 2013 — 7:00
p.m., Windmill Community Room, 21810 Copley Drive.
5.3 City Council Meeting October 15, 2013 - 6:30 p.m., Windmill Community
Room, 21810 Copley Drive.
CONSENT CALENDAR: C/Herrera moved, Clfye seconded, to approve the
Consent Calendar as presented. Motion carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye, MPT/Everett
M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
6.1 APPROVED CITY COUNCIL MINUTES — Regular Meeting of September
17, 2013 - As Submitted.
6.2 RECEIVED AND FILED PARKS AND RECREATION COMMISSION
MINUTES — Regular Meeting of July 25, 2013.
6.3 RECEIVED AND FILED TRAFFIC AND TRANSPORTATION
COMMISSION MINUTES — Regular Meeting of August 8, 2013.
OCTOBER 1, 2013 PAGE 4 CITY COUNCIL
6.4 RATIFIED CHECK REGISTER — Dated September 12, 2013 through
September 25, 2013 totaling $1,634,331.53.
6.5 APPROVED TREASURER'S STATEMENT - Month of August 2013.
6.6 AUTHORIZED THE CITY MANAGER TO PURCHASE ONE FORD F-350
XLT SUPER DUTY WORK TRUCK FROM MCCOY MILLS FORD AT A
COST NOT TO EXCEED $48,000 USING FUNDS FROM THE
EQUIPMENT REPLACEMENT (VEHICLES) AND ROAD MAINTENANCE
FUNDS.
6.7 APPROPRIATED $20,000 FROM GENERAL FUND RESERVES TO THE
PUBLIC WORKS OPERATING BUDGET AND APPROVED THE
EXECUTION OF THE MEMORANDUM OF UNDERSTANDING (MOU)
WITH THE LOS ANGELES GATEWAY WATER MANAGEMENT
AUTHORITY (GWMA) TO DEVELOP A WATERSHED MANAGEMENT
PROGRAM AND COORDINATED INTEGRATED MONITORING
PROGRAM FOR THE LOWER SAN GABRIEL RIVER WATERSHED
COMMITTEE "LSGR".
7. PUBLIC HEARING: None
8. COUNCIL CONSIDERATION:
8.1 ADOPT RESOLUTION NO. 2013-30: THE EMPLOYEE DEFERRED
COMPENSATION PLAN INVESTMENT POLICY AND APPOINT ITS
MEMBERS.
FD/Honeywell reported that shortly after incorporation in 1989, the City of
Diamond Bar established a 457 Deferred Compensation Plan in order to
encourage employees to build long term careers with the City by providing
eligible employees with a convenient way to save on a regular and long
term basis. This is a completely voluntary 100 percent employee funded
plan. During the last decade, there have been legislative and regulatory
changes that have impacted the way public sector employers must
manage their deferred compensation plans. Employers are required to
exercise due diligence to ensure that fund options and provider services
are competitive and provide optimal investment returns to participants.
The City's Finance Department has engaged the services of the firm of
Fiduciary Experts to conduct a comprehensive review of its Employee
Deferred Compensation Plan. As a result of this review, the City is
formalizing its fiduciary process under the provisions set forth and required
by the California Constitution.
OCTOBER 1, 2013 PAGE 5 CITY COUNCIL
The 457 plan states that the plan sponsor is the ultimate fiduciary of the
plan and the plan sponsor in this case, is the City of Diamond Bar, which
makes the City responsible for the oversight and management of the Plan.
As a means of delegating this responsibility, the formalization of the 457
investment committee, the appointment of its members and the adoption
of the plan investment policy, is a critical component in managing this
liability. The Investment Committee will be tasked with providing input on
fund selections and services rendered by the City's Deferred
Compensation provider, which is currently ICMARC. The committee may
negotiate lower costs and make adjustments to fund choices as well as
educate participants on plan disclosures and plan. The committee would
be in charge of facilitating the process to restructure plans and negotiate
changes on the City's behalf as its fiduciary. The committee will document
these processes as part of the best practices in order to provide
consistency under a due diligence process.
It is proposed the Investment Committee consist of the City Manager,
Finance Director and Human Resources Manager, which would be the
committee's "standing" members". In addition to these three standing
members, it is proposed that there would be two City staff members who
are current participants in the plan and appointed by the standing
members on an annual basis. This five -person committee would be
tasked with acting on the City's behalf as its fiduciary.
It is therefore recommended that the City Council establish an "Investment
Committee", appoint its members and adopt the Investment Policy for the
City's Deferred Compensation Plan.
C/Herrera asked if there would be any alternates to the committee such as
in the event of the City Manager's absence, should the committee have
occasion to meet.
FD/Honeywell responded that a provision could be added to state the City
Manager "or his designee". Generally, there is not a need for the
committee to meet on an emergency basis and meetings are usually
planned well in advance of the meeting date.
CM/DeStefano stated that with a committee of five, a majority vote would
be three and his sense is that it would be unlikely that there would be any
less than five and certainly no less than three to provide a quorum. One
option would be to leave the committee membership as recommended
and another would be for the standing committee as referenced by the
Finance Director to appoint a person to serve as an alternate in the
absence of any of the other five committee members. Staff would
recommend that the City Council move forward with five members as
indicated but would remain open to comments, suggestions and
directives.
OCTOBER 1, 2013 PAGE 6 CITY COUNCIL
C/Herrera asked how often the committee would meet.
FD/Honeywell responded that she was proposing quarterly or semi-annual
meetings.
C/Tye asked if it was staff's intention that appointed staff members would
serve for a fixed term.
FD/Honeywell responded that staff's proposal was that staff members
would serve for a one-year period and rotate off.
C/Tye asked if the same staff members could be re -appointed or would
they have to take a break.
FD/Honeywell said she believed it was advisable to limit the terms to
provide for a fresh perspective.
There was no one present who wished to speak on this matter.
C/Tye moved, MPT/Everett seconded, to Adopt Resolution 2013-30 to
establish the Deferred Compensation Plan Investment Policy. Motion
carried by the following Roll Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
8.2 APPROVE FOR FIRST READING ORDINANCE NO. 08 (2013): ADDING
CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR CITY MUNICIPAL
CODE ESTABLISHING A REWARD FOR INFORMATION LEADING TO
THE ARREST OR CONVICTION OF A PERSON DAMAGING
PROPERTY AS A RESULT OF A RESIDENTIAL BURGLARY.
ACM/Doyle read the Title into the record as required by law and provided
staffs report. ACM/Doyle stated that under Section 9.02.010 the first
sentence states that "The City Council is authorized to offer and pay a
reward for information leading to the identification and apprehension of
any person or persons who willfully damage or destroy any real property
or personal property' which should read "arrest or conviction" rather than
"apprehension".
ACM/Doyle stated that thanks to the Diamond Bar City Council and its
recognition of public safety as being the highest priority as well as, the
City's excellent working relationships with its partner, Los Angeles County
Sheriff's Department that residents in Diamond Bar enjoy one of the
lowest crime rates in Los Angeles County. Certainly, serious and
OCTOBER 1, 2013 PAGE 7
CITY COUNCIL
violent crimes are nearly non-existent in this community. However, that
does not mean that residents are not the victims of crime. Diamond Bar,
like other affluent communities, is the victim of vehicle and residential
burglaries, and while these vehicle and residential burglaries are low in
overall numbers as compared to other communities, staff and the City
Council believes that if one resident is the victim of crime it is one too
many. As a result, the City is always looking at opportunities to
discourage thieves and crooks and encourages arrest of thieves and
crooks that enter this community. One of the best ways to prevent vehicle
and residential burglaries is to have neighbors watching out for one
another because it is impossible to put a police officer on every corner and
every house 24/7.
Staff is proposing a rewards program so that when someone is a victim of
a crime or someone observes a crime in progress or suspicious activity,
this program will encourage them to call the Sheriffs Department. Such
examples have occurred in which neighbors have witnessed suspicious
activity and called the Sheriffs Department which resulted in arrests of
burglars and recovery of property. This tool will promote the effort to
watch out for each other and reward those individuals who get involved
and help stop crime in Diamond Bar. The basis of the program would be
that if an individual witnesses a crime in progress and calls the Sheriff's
Department, if the person is arrested or convicted, the individual who
called in the matter would be eligible for a $100 reward.
This ordinance was reviewed and approved unanimously by the Public
Safety Committee last week and is now before the City Council for
consideration. If the City Council approves first reading of this ordinance
this evening, staff will immediately market and promote this program
encouraging residents to watch out for each other and to report any
suspicious activity.
C/Herrera said she thought the program was a great idea and would send
a strong message to people who intend to commit crimes that Diamond
Bar has zero tolerance for such activity. She asked if signage would be
installed to advertize the program to deter crime.
ACM/Doyle responded that the Public Information Department will be
marketing the plan to residents and businesses as well as, service
providers. Staff will look at all opportunities to market to criminals as well.
C/Tye said he did not believe folks were motivated by money but felt the
reward should be worthwhile and believed it would be more impactful if the
City were to offer $500 per incident and budget $10,000 for the program.
C/Tye questioned whether the reward would be paid upon arrest or
conviction.
OCTOBER 1, 2013 PAGE 8 CITY COUNCIL
ACM/Doyle explained that guilt can be established at the time of arrest;
however, convictions can take years.
C/Tye said he wanted to avoid a Christopher Domer situation where it was
not clear about whether the money should be awarded, who should get a
reward and whether or not any reward should be paid because he was not
actually convicted of a crime.
C/Tye said he was also concerned about the reward recipients remaining
anonymous to the greatest extent of the law, to avoid discouraging future
witnesses from providing tips and wondered why witnesses might not
have complete anonymity.
ACA/Sandoval stated that under the Public Records Act and Privacy Law
the identity could be kept anonymous only if the City made the payment in
cash. Although the City promises anonymity, the City cannot guarantee
anonymity because many things can happen that would cause the identity
of the person to be revealed, which is the reason for the language. If the
City Council wanted to keep the reward completely anonymous, it would
have to be a cash rewards program. Public funds are subject to audit and
during the annual audit of the City the City Manager will have to prove that
he did not pocket the money. For that reason because the City is dealing
with public funds, everything the City does is open to public review which
is the reason for the language in the ordinance.
ACM/Doyle responded to C/Tye that the City's goal is to encourage
people to participate in the program and the City Council may bring those
people to a Council meeting for recognition which has happened in the
past. However, the City wants to be sensitive to whether people want to
stay anonymous and if they do, the City will do everything within its scope
and power to make that happen.
MPT/Everett said he agreed with C/Tye that $500 would give the program
more impact. He also agreed with the efforts toward anonymity.
MPT/Everett moved and C/Tye seconded the approval for first reading,
waiving full reading of Ordinance No. 08 (2013), along with amending the
amount of the award of up to $500. Motion carried by the following Roll
Call vote:
AYES: COUNCIL MEMBERS: Chang, Herrera, Tye,
MPT/Everett, M/Tanaka
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
OCTOBER 1, 2013 PAGE 9 CITY COUNCIL
9. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE
REPORTS/COUNCIL MEMBER COMMENTS:
C/Chang reminded everyone they could follow her on Facebook and Twitter.
She participated in the Chili's nationwide fundraiser for St. Jude Medical Center
and Children's Hospital a couple of weeks ago. She received an award from the
Diamond Bar Evergreen Senior Club. She attended the League of California
Cities Annual Conference with CM/DeStefano, ACM/Doyle and ATCM/McLean in
Sacramento last week. Most recently she was invited to Quail Summit
Elementary School to honor Caleb Lim and Sai Dilip Ponnaganti for completing
their Eagle Scout projects, a beautification of the school project which included
planters and a Japanese garden. Caleb is a former student and Sai is a
graduate of Castle Rock Elementary. Last Thursday she and M/Tanaka attended
the Parks and Recreation Commission meeting honoring the 96 Volunteens and
their families.
C/Tye said that in spite of the nonsense going on in Washington, D.C. Diamond
Bar is open for business and will continue doing business as necessary on behalf
of its residents.
C/Tye welcomed back to Assistant Fire Chief Dave Stone for all that he did to
assist with the Yosemite fire and congratulated FD/Honeywell and her team for
Diamond Bar being recognized for Excellence in Financial Reporting. He
thanked them for all that they do and said that Diamond Bar has a wonderful staff
and the City appreciates everything they do.
C/Herrera reported that she attended the San Gabriel Valley Council of
Governments meeting on September 26 and a full hour and one-half was spent
discussing Congresswoman Judy Chu's National Recreational Area proposal.
The San Gabriel Valley COG was asked to provide input regarding the
legislation. A great deal of debate and arguing about water rights, a very serious
issue, took place since several of the foothill .cities receive their water from the
San Gabriel Mountains. Many people were concerned with private property
rights and many of the cities were concerned with the intrusion into their city
limits and whether this National Recreation area would propose doing something
different in their cities that they perhaps did not want. All of these provisions
were taken care of in the resolution and she asked that the final language be
emailed to her so that she could share the final action and vote with her
colleagues and staff. This is merely a recommendation to Congresswoman Judy
Chu and she may or may not accept it. There are those who are pressing her for
including in her legislation provisions for protection of wild and scenic rivers. It
will be a month or two for the final legislative language to appear and she will
report back to the Council upon receipt.
MPT/Everett reported that on Wednesday after the last City Council meeting he
attended the Los Angeles County Library Commission meeting and said that the
work in the Diamond Bar Library is a model and respected. There was
OCTOBER 1, 2013 PAGE 10 CITY COUNCIL
discussion about 21st Century library planning including hardware and technology
such as 3-D printers and robotics. The County is looking at options throughout
the network and encouraged residents to take advantage of the many programs
offered at the Diamond Bar Library.
He and his wife attended the local Chili's Fundraiser on September 19 and 23.
Chili's in Diamond Bar has been recognized as the number one spot in the nation
and the local Chili's thanked the community for its support via The Windmill.
Chili's was also recognized for employee retention, employee engagement, guest
engagement, food and beverage cost, waste reduction and sales records as well
as, the highest profit over plan.
He also attended the Planning Commission meeting on Tuesday, September 24
to congratulate the new Chairman Tony Torng and Vice Chairman Frank Farago
as well as, the newest Commissioner, Ash Dhingra.
Friday, September 27 he attended the Public Safety meeting with Fire
Department personnel present who reminded everyone that it is a dry fire season
condition so everyone beware.
With respect to Agenda item 8.2 Neighborhood Watch and residential and
business owner awareness have led to successful arrests.
Thursday, September 26 MPT/Everett attended a Lunch hosted by the City and
the Sheriff's Department for the principals in the Pomona Unified Schools and
Walnut Valley Schools. Traffic issues, safety and burglary prevention and future
community watch meetings were discussed. ACM/Doyle presided over the
meeting and presented an update on the community trailer.
M/Tanaka welcomed Assistant Fire Chief Stone back to Diamond Bar and
thanked him for his work on the Yosemite fire. The Tip -A -Firefighter Chili's
fundraiser was a great success and he thanked the firefighters for their help in
raising money for St. Jude Children's Research Hospital.
On Saturday the Diamond Bar Pageant hosted a Princess Tea for 50 princesses
in the Windmill Room of City Hall.
On Monday he joined golfers and sponsors of the Inland Valley Humane Society
at their Golf Tournament Awards Dinner which was held at Western Hills Country
Club. Funds raised went directly to the Inland Valley Humane Society which
services Diamond Bar.
On Tuesday he attended the Planning Commission meeting and helped welcome
new Commissioner Ashok Dhingra. He congratulated new Chairman Tony Torng
and Vice Chairman Frank Farago.
OCTOBER 1, 2013 PAGE 11 CITY COUNCIL
On Wednesday he attended the Sanitation District's 21 meeting during which the
Puente Hills Landfill closing for October was discussed.
On Thursday he attended the Parks and Recreation Commission meeting to help
congratulate all of the more than 107 Volunteens that were recognized and the
almost 100 that were present at the meeting. The Volunteens participated with
programs including Tiny Tots, Senior Citizens, Day Camp, Concerts in the Park
and Movies under the Stars, and Youth Sports and amassed a total of 9,368
volunteer hours this summer.
He and MPT/Everett attended the Public Safety meeting last Friday and on
Sunday attended the last day of the Los Angeles County Fair.
He thanked the Diamond Bar High School Civics Class students for their
participation in tonight's meeting and stated that the meeting is short this evening
because there were no public hearings.
ADJOURNMENT: With no further business to conduct, M/Tanaka adjourned
the Regular City Council Meeting at 7:32 p.m.
TOMMYE CRIBBINS, CITY CLERK
The foregoing minutes are hereby approved this day of 2013.
JACK TANAKA, MAYOR
Agenda No. 6.2
MINUTES OF THE CITY OF DIAMOND BAR
REGULAR MEETING OF THE PLANNING COMMISSION
AUGUST 27, 2013
CALL TO ORDER:
Vice Chairman Torng called the meeting to order at 7:02 p.m. in the City Hall Windmill
Room, 21810 Copley Drive, Diamond Bar, CA 91765.
PLEDGE OF ALLEGIANCE: Commissioner Farago led the Pledge of Allegiance.
1. ROLL CALL:
Present: Commissioners Frank Farago, Jimmy Lin, Jack Shah,
Vice Chairman Tony Torng
Also present: Greg Gubman, Community Development Director; Grace
Lee, Senior Planner; Natalie Tobon, Assistant Planner; and Stella Marquez,
Administrative Coordinator.
2. MATTERS FROM THE AUDIENCE/PUBLIC COMMENTS: None
3. APPROVAL OF AGENDA: As presented
4. CONSENT CALENDAR:
4.1 Minutes of the August 13, 2013, Regular Meeting.
C/Farago moved, C/Lin seconded, to approve the August 13, 2013,
regular meeting minutes as presented. Motion carried by the following
Roll Call vote:
AYES: COMMISSIONERS: Farago, Lin, Shah; VC/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS_ None
5. OLD BUSINESS: None
6. NEW BUSINESS:
6.1 General Plan Status Report for 2013 Review - Received and filed.
SP/Lee presented staff's report and recommended that the Planning
Commission approve the report and forward to the City Council to receive
and file.
AUGUST 27, 2013
PAGE 2 PLANNING COMMISSION
C/Lin said he thought that the City of Industry bought the Diamond Bar
Honda property and CDD/Gubman responded _ that staff believes the
property is still owned by Denley Investment & Management Company in
West Hollywood.
VC/Torng asked the status of Larkstone Park. SP/Lee responded that the
Tentative Tract Map has been approved and Lewis is developing the
public park designs. However, Lewis recently discovered that there was a
landslide on the site that will have to be remediated and they are working
with staff to resolve the issue and design a future parkas required as part
of the Tentative Map approval.
There was no one present who wished to speak on this matter.
7. PUBLIC HEARING(S):
7.1 Conditional Use Permit No. PL2013-22 — The applicant requested
approval of a Conditional Use Permit to upgrade an existing Alcoholic
Beverage Control license from Type 20 (Beer and Wine) to Type 21
(General) for offsite consumption in conjunction with the sale of motor fuel
at an existing ARCO/ampm service station and convenience store. The
subject property is zoned Neighborhood Commercial (C-1) with a
consistent underlying General Plan land use designation of General
Commercial (C).
PROJECT ADDRESS: 3302 S. Diamond Bar Boulevard
Diamond Bar, CA 91765
PROPERTY OWNER: Farsai and Farsai, Inc.
23276 S. Pointe Drive #100
Laguna Hills, CA 9265S-
APPLICANT:
2653APPLICANT: Ryan Farsai
23276 S. Pointe Drive #100
Laguna Hills, CA 92653
SP/Lee presented staff's report and recommended Planning Commission
approval of Conditional Use Permit No. PL2013-22, based on the Findings
of Fact, and subject to the conditions of approval as listed within the draft
resolution.
AUGUST 27, 2013
PAGE 3 PLANNING COMMISSION
C/Lin asked if the Lennar proposed. park was on the east side of this
project and SP/Lee responded that C/Lin was correct. It is on the
southeast corner of Diamond Bar Boulevard and Brea Canyon Road.
C/Lin asked if this was part of the property that used to be owned by the
school and SP/Lee responded that C/Lin was again correct and the
property is also known as Site D. C/Lin asked if one day a school was
built at that location, what would happen. SP/Lee responded that the
property is currently zoned for residential uses so a school would not be
allowed to be built on that property. CDD/Gubman said that
hypothetically, if a school were built on Site D, the ARCO/ampm would
become a legal non -conforming use and it would be grandfathered
because it was there first.
VC/Torng opened the public hearing.
Ryan Farsai, applicant, said his family has owned the business since 1992
and his mother purchased the property in 2003. He thanked the
Commission for its continued support of the small local business owner.
His family was lucky to have won the Type 21 license in an ABC lottery
and get to this hearing today. BP sold the ARCO brand to Tesoro, an oil
refinery out of Texas, which is now the master franchiser and is a public
trading company. Unfortunately, they are no longer the low -price gas
leader. Today Costco, Sam's Club, Albertsons and those types of
establishments are offering gasoline at wholesale prices which are better
than any other establishment within a five mile radius of their businesses.
They accept credit cards and American Express and offer cash -back
rewards, options that he cannot offer to his customers., At one point his
establishment was offering the customer the low price option because
credit cards were not accepted. Times are changing and he must conform
to Tesoro's guidelines which has 240 sites branded gas lines. They
accept credit cards and price gas just a couple of cents more, so over a
span of time he has seen the volume of his station decline. In order to
adapt and attract more customers to increase the business, his family has
decided to include this change to improve his customer base.
VC/Torng asked Mr. Farsai if he reviewed staff's report and concurred with
the Conditions of Approval and Mr. Farsai responded that he did review
staff's report and concurred with the Conditions of Approval.
VC/Torng closed the public hearing.
AUGUST 27, 2013
PAGE 4 PLANNING COMMISSION
C/Lin moved, C/Farago seconded, to approve Conditional Use Permit
No. PL2013-22, based on the Findings of Fact, and subject to the
conditions of approval as listed within the draft resolution. Motion carried
by the following Roll Call vote:
AYES:
COMMISSIONERS:
NOES:
COMMISSIONERS:
ABSENT:
COMMISSIONERS:
Farago, Lin, Shah, VC/Torng
None
None
7.2 Development Review and Tree Permit No. PL2012-475 — Under the
authority of Diamond Bar Municipal Code Section 22.48, the applicant,
Jack Wu and property owner, Justin Chien requested Development
Review approval to construct a 573 square -foot addition including a new
third level to an existing single family residence on a 1.6 gross acre
(69,696 square foot) lot. A Tree Permit was requested to remove three
Coast Live Oak trees and one Black Walnut tree to be replaced at a 3:1
ratio. The subject property is zoned Rural Residential (RR) with a
consistent underlying General Plan land use designation of Rural
Residential.
PROJECT ADDRESS:
PROPERTY OWNER:
23223 Ridge Line Road
Diamond Bar, CA 91765
Justin Chien
2880 Woodbridge Court
Diamond Bar, CA 91765
APPLICANT: Jack Wu
10410 Lower Azusa Road#203
EI Monte, CA 91731
AP/Tobon presented staffs report and recommended Planning
Commission approval of Development Review and Tree Permit
No. PL2012-475, based on the Findings of Fact, and subject to the
conditions of approval listed within the draft resolution.
C/Shah asked the condition of the trees that were proposed to be
removed. AP/Tobon responded that photographs of the trees were
provided to the Commission in staff's report and stated that the condition
of the trees is "fair." She did not know the age of the trees. C/Shah asked
AUGUST 27, 2013 PAGE 5 PLANNING COMMISSION
why the trees needed to be removed. He could see that they conflicted
with the retaining wall but said they did not appear to conflict with the
construction area. AP/Tobon responded that the trees need to be
removed to create the buildable pad for the rear setback.
VC/Torng said that staff's report mentions the current condition of zero
feet in the rear yard so this pad is to build up the retaining walls and build
up the pad in the back. AP/Tobon said that VC/Torng was correct and
currently, the property is sloped with no buildable pad in the back.
.0/Shah said that according to his read of the plans, all trees are outside
the buildable area. AP/Tobon said that while the trees that are going to be
removed are not where the addition is, it is where the retaining walls are.
C/Shah asked why the retaining walls could not go around the trees.
CDD/Gubman responded that Oak trees in particular are very sensitive to
the grade on which they are located. Any change to the grade up against
the tree will affect their physical and biological health and they would not
be able to withstand the soil being raised at their base. In order for those
trees to be retained, the grade that exists below their drip line would have
to be preserved.. Theoretically, the applicant could reconfigure the
retaining walls to preserve the grade at those trees at the drip line. It
would require a special design to accommodate the Oak tree preservation.
C/Shah said he was still not convinced that the grade would have to be
raised where there is a retaining wall. Where the trees are located, the
grade would not need to be raised. It can be maintained at varying
heights. How many feet will the grade be raised?
James Hu, project manager said that the difference in the slope from the
first row to the last row is about 20 feet and the trees are about 30 feet.or
so, so in order to retain the trees at their current location and create a 10
percent buildable pad in the same location to have a 25 foot slope it would
mean that the first grade would go up the trunk of the tree about 10 or 15
feet which would not work. The applicant and owner explored going
further to the outside boundary of the tree and still maintain a 10 percent
slope for the buildable pad in order to meet the City's code requirement for
a 25 foot setback. Unless the 25 foot setback can be reduced to preserve
the trees, there is no other way to do this in order to meet the City's
requirement. This project has very little changes in the footprint of the
building. All of the work is done within the interior partition and this is
actually an update of the house which requires the project to meet the
AUGUST 27, 2013 PAGE 6 PLANNING COMMISSION
City's requirement. He actually inquired about a variance for this project
and the answer he received was no. He would like to save the trees but
he has no other choice. In order to change the surface from 40 percent to
10 percent it will require 800 cubic yards of fill and if the project were
required to increase it further out, it would mean double the fill which is not
very practical. He showed the photo of the area behind the house and the
retaining wall which will become the buildable pad that is required to be 10
percent. The photo also shows how deep the slope is at the retaining wall
in its current configuration. He has to do a stepped retaining wall and the
code requires a four -foot high maximum retaining wall and that is why it is
configured the way it is.
C/Shah said he did not believe that there would need to be 10 or 15 feet
additional dirt at the tree base of tree #14. Mr. Hu said it would definitely
require 10 or 15 feet. It is difficult to get an exact view but the trees are in
between the different levels of the retaining walls. He showed C/Shah
where the tree and the natural slope are located and said that in order to
build a retaining, wall the slope would have to be maintained and the soil
would cover at least half of the tree trunk. The issue is the 10 percent
slope and unfortunately, if it cannot be changed there is no other way to
save the trees.
C/Lin said he presumed the 3:1 replacement ratio was in line with the
City's ordinance for tree replacement and that the applicant would follow
the ordinance. CDD/Gubman responded that C/Lin was correct that the
requirement is a 3:1 replacement with another protected variety of tree.
C/Farago said it appeared to him that there was no change to the footprint
of the house and AP/Tobon responded affirmatively. C/Farago said he
was curious why the setback requirement if there is no addition to the
footprint of the house because it seems like a great deal of expense to the
owner in order to meet that setback requirement when there is no
apparent infringement on the setback. CDD/Gubman responded that it is
not a requirement because the structure currently does not have the
minimum rear setback so to create a rear yard is really the choice of the
property owner. It is not a code requirement because the property already
has a non -conforming rear setback situation and the property owner is
allowed to continue that non -conformity, they are just not allowed to
"worsen" the condition. C/Farago said that his understanding was that
AUGUST 27, 2013 PAGE 7 PLANNING COMMISSION
when the property owner requested a Variance so that they would not
have to remove the trees it was denied and C/Farago asked if that was
correct. CDD/Gubman said he was not aware of that.
VC/Torng opened the public hearing.
James Hu, project manager responded to C/Farago that during the design
process the answer he received while working with the Planning
Department about adding third floor square footage was that as long as he
was adding square footage he would have to meet current code which
meant that the owner would need to have the 25 foot conforming setback
on the rear yard. He asked over the counter if a Variance was possible
and in this case, the answer he received was "no." He wished there was a
way around this issue because it will cost the property owner a lot of
money for this project and he has discussed this with the civil engineer to
minimize the amount of fill. Perhaps there is another way to complete the
project but this is the current design. He did not realize he might have
another option. C/Farago said he was curious because it seemed like the
City was forcing the owner to remove the trees and put in the retaining
walls and wanted clarification on that issue. He thanked the speaker.
C/Lin asked the width and size of the footing of the retaining wall. Mr. Hu
said those were not yet designed but the maximum retaining wall height is
four feet and there should be a three foot separation between the walls.
He will submit the plan with the grading plan when he applies for the
retaining wall permit.
C/Lin asked if it was customary to not show the full design specifications
on the drawings when asking the Commission to approve a project.
CDD/Gubman responded that size of the footing and retaining walls are
structural requirements. They are building code requirements for review
at the construction document phase.
VC/Torng asked why the pad was needed if the 35 foot height requirement
was being met. CDD/Gubman said that no staff member present this
evening is aware of any conversation that insisted that the applicant
create this pad to establish a 25 foot rear, setback. If there was another
member of staff that told that to the applicant CDD/Gubman would have to
look into that. Because this is an existing grandfathered situation, there is
not a requirement to create that 25 foot rear setback when they are not
proposing to encroach further into that direction. VC/Torng asked if the
AUGUST 27, 2013 PAGE 8 PLANNING COMMISSION
height requirement of 35 feet was being met since this is being built on the
third floor of the rear side. CDD/Gubman said he did not believe there was
any change to the surface grade at the base of the structure.
Mr. Hu said that the pad would not change the height level at the base of
the wall. It is just that the slope would be flatter and the height would not
change from the previous maximum height approved.
VC/Torng asked if the applicant was willing to go back and discuss the
proposal .with the Planning Department to avoid having to build retaining
walls and conform to the 25 foot setbacks and Mr. Hu responded "of
course."
CDD/Gubman said that the Planning Commission could keep the public
hearing open and continue the matter to September 24 to address any
revisions that might be proposed.
VC/Torng asked Mr. Hu if he agreed to a continuation and Mr. Hu said he
would have to speak with the owner first. Obviously, they have invested a
lot of time already. VC/Torng said that tonight the Commission has to
make a decision to either continue the matter or base an approval or
denial on the proposed project.
CDD/Gubman said that another option would be for the Commission to
approve the project as proposed and give the applicant the opportunity to
revise the application so that the Planning Department can bring the
matter back to the Commission with a new site design that did not include
retaining walls and a built up pad. Mr. Hu said he liked that option better
than continuing the matter.
C/Shah said he was still not convinced that two, if not all four trees could
be saved and in his opinion, all four can be saved. He recommended that
the applicant take another look at the design of the retaining walls to look
at the possibility of saving the trees. Mr. Hu asked the Commission to
vote on the project as proposed and he would work with the Planning
Department to save the trees. He has discussed saving the trees with the
architect but has not discussed any other options with the property owner
because he was not aware he had any other option but to comply with
current code when he came to the meeting this evening. He was working
with a planner who is no longer with the city who told him that when
adding square footage, the property had to be brought to code. If he has
to revise the site plan and put in another application he could do so.
AUGUST 27, 2013 PAGE 9 PLANNING COMMISSION
CDD/Gubman suggested that if the Planning Commission is satisfied with
the architectural design of the house and the addition as submitted, it
could be approved with the inclusion of a condition that would allow
CDD/Gubman, as the delegated authority, to approve a revision to the
plan that would involve the removal of the pad provided that the other
architectural elements being 'proposed for the house are not changed.
This would require a decision on the Tree Permit with the approval, but
with that added condition, staff could work with them administratively to
eliminate the issue with the retaining walls and take the debate about the
trees completely off of the table.
VC/Torng closed the public hearing and brought the matter back to the
Commission for deliberation.
C/Shah reiterated that he wanted the trees saved and wanted staff to work
with the applicant on this matter. If there is no alternative, so be it.
CDD/Gubman said that if elevation of the pad grades is eliminated and the
retaining walls are not required, the trees will no longer be in jeopardy.
C/Lin said his understanding of the grandfather clause was that if the
footprint was not touched it would continue to exist with the non-
conformance clause. However, the applicant is actually adding two areas,
one of which is 88.2 square feet and the other 70.62 square feet to the
back which in essence encroaches into the back of the property which
would violate the non-conformance grandfather clause. CDD/Gubman
said that would not be the case because it is not the footprint that is being
pushed out, the discussion has to do with where the setbacks are
established by existing building footprint. The site plan shows an existing
module at the rear of the building that is in line with what is being
proposed to be pushed out so that existing building wall would be the point
from which the grandfather situation exists.
C/Lin moved approval of Development Review and Tree Permit
No. PL2012-475.
VC/Torng asked if C/Lin wanted to add the condition and C/Lin asked
what condition. VC/Torng said"the condition for granting the Community
Development Director, as the delegated authority, to approve a revision to
the plan that would involve the removal of the pad provided that the other
architectural elements being proposed for the house are not changed.
AUGUST 27, 2013 PAGE 10 PLANNING COMMISSION
C/Lin said that if the applicant does not have a problem with the approval
and staff does not have a problem with the application why would it be a
concern to the Commission.
C/Farago said that it sounded to him, based on the conversation with the
project manager, that they prefer to eliminate the retaining walls and
removal of the trees but were directed by City staff that it was a
requirement that they put it in. So the City wants to give the applicant an
opportunity to address that issue and to save costs and eliminate the need
for removing those trees.
C/Lin said he asked the applicant if he had a problem with that and Mr. Hu
responded that he supported the last option suggested by CDD/Gubman
to approve as is and because he cannot make that decision, he speaks for
himself only and not the owner who is not present tonight. He would
prefer that the Commission approve the matter and allow him to work with
the Planning Department to modify the site plan having demonstrated
staffs approval to eliminate the retaining wall and save the trees.
C/Lin said he did not believe the Commission could approve partial
drawings. Mr. Hu said it was not a partial drawing. He has to meet with
the owner and his desire would be to eliminate the retaining wall because
it costs a lot of money and they would have to take out trees, which was
not necessary from what he now understood.
SP/Lee stated that typically, applicants request to build a buildable pad for
usable space in their rear yards. She recommended that the applicant
check with the property owner whether they would indeed not like to build
up this buildable pad. Mr. Hu said he asked the property owner and the
answer was that they did not believe they actually needed the space;
however, that answer was in response to what he thought the
requirements were at the time. Mr. Hu said he asked the applicant and
they told him they did not really believe they needed the space but that
was before he thought it was a City requirement and the owner responded
that if it is a requirement they would have to follow the law.
C/Shah said he does not like the fact that the property owner is not
present tonight and that the applicant does not have the authority to make
the decision on behalf of the owner. The property owner should be
present and the Commission may then authorize the Community
Development Director to work with them for an outcome that can be
presented to the Commission on September 24 and the Commission can
approve the project at that time. He did not believe the Commission was
AUGUST 27, 2013 PAGE 11 PLANNING COMMISSION
in a position to approve anything at this time. .0/Shah recommended that
the Commission either allow the Community Development Director to
proceed or continue the matter to September 24.
C/Farago asked CDD/Gubman to restate his recommendation.
CDD/Gubman stated that the addition to the house is as presented on the
plans before the Commission. The question being raised at this time is
whether to have the tiered retaining walls to create the "back yard" or not
and keep the main slope as it currently exists. In either scenario, the
architecture does not change. The question before the Commissioners is
whether they are comfortable or can reasonably foresee the difference
between a project with terraced retaining walls and a pad versus the
project with the existing slope left as is. .Architecturally, the house will not
change and only topographically will the site look different. If the
Commissioners can visualize that to a level of confidence where they feel
they can defer the modification of the project from terraced retaining walls
to leaving the slope in its natural condition, he would suggest that the
Commission approve the project as submitted this evening and add a
condition that states that "should the applicant elect to eliminate the
terraced retaining walls that can be approved administratively."
C/Shah said that more and more it looks to him like the architecture of the
building is one thing and the overall landscape of the property is another
part of the project which is extremely important for a residential back yard
and he would rather give the architect and property owner an opportunity
to re-examine that possibility so that if they want a pad and back yard they
can redesign the retaining walls and save the trees. If the property owner
decides he does not want retaining walls and a pad that would be his
choice.
C/Farago said that if the Commission entertains a motion to approve as
submitted with a condition that they could resubmit the matter of the
terraced retaining wall and leave it to the Community Development
Director's discretion, would that be acceptable to the City and staff and
CDD/Gubman responded yes. CDD/Gubman said that he was asking the
Commissioners if they had the comfort level to defer that decision on that
component of the project. C/Farago asked for clarification that an
approval would mean an option to do either or to which CDD/Gubman
responded that the Commission's option is for the owner and applicant to
bring a revised plan without the retaining walls back to the full Commission
to approve or to defer that authority to CDD/Gubman to approve.
AUGUST 27, 2013 PAGE 12 PLANNING COMMISSION
C/Farago moved, C/Shah seconded, to approve Development Review and
Tree Permit No. PL2012-475 with the addition of the Condition that the
Community Development Director work with the property owner and
applicant to modify the project and bring back the revised landscape plan
to the Commission for the retaining walls.
C/Shah reiterated his desire to save the trees. The issue is that the
property owner is not present to speak on this matter as to whether they
wish to have the elevated pad or not. In lieu of hearing firsthand rather
than via hearsay, it places the Commission in a bind to approve the
project without the retaining walls because if the property owner decided
he wanted the pad, staff would have to come back to the Commission.
Alternatively, the Commission can approve the project as presented and
should the owner elect to no longer have the retaining walls as part of this
plan, they would not have to come back to the Commission if the
Commissioners allowed CDD/Gubman to work with the applicant to modify
the plan.
C/Shah said that such an approval would give the property owner the
authority to build the project as proposed. And that is not C/Shah's intent
this evening. His intent is to have them try to eliminate any obstacles in
terms of saving the trees. If CDD/Gubman is given the authority, the
Commission should approve only the building and let the Community
Development Director render his best judgment.
C/Farago said his motion was made because Mr. Hu's understanding with
the property owner is that their intent was not to build the setback and to
not remove the trees and not have the added expense of building the
retaining walls and it seems to him that if the Commission gives the
applicant the opportunity to eliminate the retaining walls he would take
advantage of it. He restated his motion as follows:
C/Farago moved to approve Development Review and Tree Permit
No. PL2012-475 as presented with the condition that should the applicant
chose to do so, eliminate the retaining walls at the discretion of the
Community Development Director.
C/Shah again stated that once approved, the Commission loses its
decision power because the project manager has said that he needs to
check with the property owner. So rather than approving as is, approve
only the building portion with the remaining portion subject to the .
AUGUST 27, 2013 PAGE 13 PLANNING COMMISSION
Community Development Director working with the property owner to see
if he can save the trees. As a property owner, he would love to have the
pad in the back yard area and he would love to save the trees, too.
C/Lin said that no one seconded the motion and VC/Torng announced that
the motion died (for lack of a second).
C/Lin said that the owner agreed to the 3:1 tree replacement ratio and did
not feel that saving the trees was the issue.
C/Lin moved to approve Development Review and Tree Permit
No. PL2012-475 with two alternatives as follows: Approve the project as
submitted or eliminate the pad, retaining walls and tree removal at the
discretion of the Community Development Director. C/Farago seconded
the motion.
C/Shah said again that the motion was an either or and he felt the owner
needed to make a decision. He believed the motion should give very clear
division.
VC/Torng said he believed the motion made it very clear that there were
two alternatives, one the current project in which the trees may not be
saved but C/tin's first alternative should perhaps contain a condition that
provided the owners make a best effort to save the trees to every extent
possible and asked C/Lin to add the condition. C/Lin said he did not
believe that kind of statement had any enforcement power. He would
rather empower staff to work with the property owner to save the trees, if
necessary.
C/Shah reiterated his statement that the matter should be continued.
VC/Torng said that the Commission would like a full report on the final
outcome.
CDD/Gubman said that C/Shah raises a good point. It is difficult to craft
language approving two choices. Typically, an approval is subject to a
condition that the project is approved in accordance with the plans
submitted to the Planning Commission which is the default position. He
suggested that the Commission make that the default approval and add a
condition that "should the applicant elect to eliminate the retaining walls,
AUGUST 27, 2013 PAGE 14 PLANNING COMMISSION
that the Community Development Director has the discretion to approve
the revised grading plan administratively. C/Farago said that was his
original motion.
What C/Lin says is essentially correct. CDD/Gubman said it is more
complicated to craft an approval that contains multiple choices.
C/Lin withdrew his motion and asked that C/Farago's original motion be
considered. C/Farago withdrew his second of C/tin's motion.
VC/Torng said that since the motion was off of the table he wanted to
make a motion because he thought the matter should really be continued
to September 24. He is no longer comfortable with the issue because
there is no agreement and Commissioners want to see the final plan.
VC/Torng moved, C/Shah seconded, to continue this matter to
September 24, 2013.
C/Farago asked how a postponement would affect the owner since he
could not move forward with construction of the addition. VC/Torng said it
was only one month and it was the owner's fault because he should be
here this evening.
C/Shah said this is a concept plan and the engineering plans are not done
so time is not that critical. They are not under construction and plans are
yet to be prepared.
C/Lin called for the question and vote on the motion on the floor.
Motion on Call for Question carried by the following Roll Call vote:
AYES: COMMISSIONERS: Farago, Lin, Shah, VC/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
C/Lin said that parliamentary procedure dictates that once a
Commissioner calls for the question it stops discussion and a vote needs
to be taken on the motion.
VC/Torng said that question was voted on and now it comes back to his
motion.
AUGUST 27, 2013 PAGE 15 PLANNING COMMISSION
CDD/Gubman said there was a motion by C/Farago and a second by
C/Lin. VC/Torng said that one was already withdrawn. CDD/Gubman
said okay. VC/Torng said that is why his motion that was seconded by
C/Shah and C/Lin came out with a new motion saying call for the question.
C/Lin attempted to explain that when the discussion seems to continue on
to no conclusion, a Commissioner can call for the question and if everyone
agrees, there is a vote on the motion.
VC/Torng said now it was time to vote on his motion which was seconded
by C/Shah. Motion carried by the following Roll Call vote:
AYES: COMMISSIONERS: Farago, Lin, Shah, VC/Torng
NOES: COMMISSIONERS: None
ABSENT: COMMISSIONERS: None
7.3 Development Review and Tree Permit No. PL2013-45 — Under the
authority of Diamond Bar Municipal Code Section 22.48, the applicant and
property owner, Henry and Jeanne Yue requested Development Review
approval to construct a new single family residence consisting of a 9,720
square foot single family residence on a 2.22 gross acre (96,703 square
foot) lot. A Tree Permit was requested to remove three Coast Live Oak
trees and one California Walnut tree to be replaced at a 3:1 ratio. The
subject property is zoned Rural Residential (RR) with a consistent
underlying General Plan land use designation of Rural Residential.
PROJECT ADDRESS: 2208 Rusty Pump Road
(APN 8713-034-019) .
Diamond Bar, CA 91765
PROPERTY OWNER/
APPLICANT:
Henry and Jeanne Yue
3913 S. Hackley Avenue
West Covina, CA 91792
AP/Tobon presented staff's report and recommended Planning
Commission approval of Development Review and Tree Permit
No. PL2013-45, based on the Findings of Fact, and subject to the
conditions of approval as listed within the draft resolution.
VC/Torng opened the public hearing.
Jeanne Yue, property owner, said she was excited to present the project
to the Planning Commission.
AUGUST 27, 2013 PAGE 16 PLANNING COMMISSION
rl
C/Lin stated that while it is not criteria for approval he would like to see
something better than a box structure. Mrs. Yue said she has an
architectural background. C/Lin said other than his comment, the
structure looked pretty nice.
C/Shah complimented Mrs. Yue on her design.
VC/Torng asked Mrs. Yue if she agreed with the conditions of approval
and she responded affirmatively.
VC/Torng closed the public hearing.
C/Lin moved, C/Shah seconded, to approve Development Review and
Tree Permit No. PL2013-45, based on the Findings of Fact, and subject to
the conditions of approval as listed within the resolution. Motion carried by
the following Roll Call vote:
AYES:
COMMISSIONERS
NOES:
COMMISSIONERS
ABSENT:
COMMISSIONERS
Farago, Lin, Shah, VC/Torng
None
None
PLANNING COMMISSIONER COMMENTS/INFORMATIONAL ITEMS:
C/Shah said he attended the Council Meeting during which Steve Nelson was
awarded a plaque for his 13 plus years of service to the City. The Planning
Commission lost a mentor and very good Commissioner and all of the Council
Members expressed their gratitude.
C/Lin asked if there was any new development on the Ralphs property and
CDD/Gubman said that there would most likely be an opening day in 2014 for a
major grocery retailer.
VC/Torng thanked staff for their reports.
9. STAFF COMMENTS/INFORMATIONAL ITEMS:
9.1 Public Hearing dates for future projects.
CDD/Gubman reported that the City Council will be considering the Tres
Hermanos zone change at next Tuesday's meeting. The September 10 Planning
Commission meeting will be canceled due to lack of quorum and the next
Planning Commission meeting is scheduled for September 24 during which the
review of the Ridgeline addition will continue. In addition, there is a small office
building on North Diamond Bar Boulevard that is slated for that agenda.
AUGUST 27, 2013 PAGE 17 PLANNING COMMISSION
10. SCHEDULE OF FUTURE EVENTS:
As listed in tonight's agenda.
ADJOURNMENT: With no further business before the Planning Commission,
Vice Chairman Torng adjourned the regular meeting at 8:35 p.m.
The foregoing minutes are hereby approved this 24th day of September, 2013.
Attest:
Respectfully Submitted,
Greg Gubman
Community Development Director
airman Tea Torng
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
Agenda # 6.3
Meeting Date: October 15, 2013
AGENDA REPORT
FROM: James DeStefano, City Maha r
TITLE: Ratification of Check Register da ed September 26, 2013 through October
9, 2013 totaling $ 1,200,667.18
RECOMMENDATION:
Ratify.
FINANCIAL IMPACT:
Expenditure of $ 1,200,667.18 in City funds.
BACKGROUND:
The City has established the policy of issuing accounts payable checks on a weekly
basis with City Council ratification at the next scheduled City Council meeting.
DISCUSSION:
The attached check register containing checks dated September 26, 2013 through
October 9, 2013 for $ 1,200,667.18 is being presented for ratification. All payments
have been made in compliance with the City's purchasing policies and procedures.
Payments have been reviewed and approved by the appropriate departmental staff and
the attached Affidavit affirms that the check register has been audited and deemed
accurate by the Finance Director.
PREPARED BY:
Luisa Fua
Accounting Technician
REVIEWED BY:
alzz&� CIt
-
Finance Director
Attachments: Affidavit and Check Register — 09/26/13 through 10/9/13.
CITY OF DIAMOND BAR
CHECK REGISTER AFFIDAVIT
The attached listings of demands, invoices, and claims in the form of a check register
including checks dated September 26, 2013 through October 9, 2013 has been audited
and is certified as accurate. Payments have been allowed from the following funds in
these amounts:
Description
Amount
General Fund
$933,387.70
Com Org Support Fund
$1,000.00
Prop A - Transit Fund
$223,789.64
Prop C - Transit Tax Fund
$9,513.77
Integrated Waste Mgt Fund
$8,384.55
Comm Dev Block Grand Fund
$3,765.50
LLAD 38 Fund
$594.64
LLAD 39 Fund
$480.82
LLAD 41 Fund
$18,800.56
Capital Imp Projects Fund
$950.00
$1,200,667.18
Signed:
Ll�� L z
Dianna Honeywell V
Finance Director
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CITY COUNCIL
Agenda # 6.4
Meeting Date: October 15, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man r
TITLE: SECOND READING OF AN OR NANCE OF THE CITY COUNCIL OF THE CITY OF
DIAMOND BAR ADDING CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR CITY
CODE ESTABLISHING A REWARD FOR INFORMATION LEADING TO THE
ARREST OR CONVICTION OF A PERSON DAMAGING PROPERTY AS A RESULT
OF A RESIDENTIAL BURGLARY
RECOMMENDATION:
Approve for second reading by title only, waive full reading, adopt.
FISCAL IMPACT:
If approved, salary savings from the public safety budget will be utilized to fund the program during
Fiscal Year 2013-14. In subsequent years, a dedicated budget line item will be proposed.
Approximate annual program costs of up to $10,000 are expected.
BACKGROUND:
Diamond Bar is home to an engaged citizenry whose cooperation with the Sheriff's Department has
resulted in a number of important recent arrests. To further encourage residents, business owners,
and other members of the public to immediately report suspicious activity to the Sheriff's Department,
a reward program is proposed. Specifically designed to fight local property crimes, the program
would offer a modest reward of $500 (increased from the originally proposed $100 per City Council
direction) to individuals that provide information leading to the arrest of residential or vehicle burglary
suspects in Diamond Bar.
Upon receipt of a tip from a witness that results in the arrest of a burglary suspect, the Sheriff's
Department shall forward a Reward Recommendation Form to the Reward Committee for
consideration. The Reward Committee, made up of the City Manager (or designee) and a sworn
member of the City's public safety leadership team (Captain or Lieutenant), shall review the
recommendation, validate that the information provided was responsible for the arrest of the suspect,
and upon confirmation, disburse the reward. Reward recipients will remain anonymous to the
greatest extent of the law to avoid discouraging future witnesses from providing tips.
Staff recommends the Council establish the program by adopting the attached ordinance, which has
been reviewedAd approved by the City Attorney.
i, Assistant to the City Manager
Ordinance XX -2013
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR ADDING
CHAPTER 9.02 TO TITLE 9 OF THE DIAMOND BAR CITY CODE ESTABLISHING A
REWARD FOR INFORMATION LEADING TO THE ARREST OR CONVICTION OF A
PERSON DAMAGING PROPERTY AS A RESULT OF A RESIDENTIAL BURGLARY
WHEREAS, Pursuant to section 53069.5 of the Government Code, the City of Diamond Bar is
authorized to offer and pay a reward for information leading to the identification and apprehension of
any person who willfully damages or destroys any property; and
WHEREAS, residential and vehicular burglaries are of significant concern and, in nearly all
cases, such burglaries result in damage to real and personal property during the course of the
burglary and damage, destruction and loss of personal property as a result of the burglary; and
WHEREAS, the City Council and the Los Angeles County Sheriff's Department have
determined that a rewards program is a valuable addition to local policing efforts and an effective
method of engaging the public to assist in solving these crimes.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES ORDAIN
AS FOLLOWS:
SECTION 1: A new Chapter 9.02 entitled "Reward For Crime Information" commencing with section
9.02.010 is hereby added to Title 9 of the Diamond Bar City Code to read as follows:
"CHAPTER 9.02 REWARD FOR CRIME INFORMATION"
Sec. 9.02.010. - Reward for information.
The City Council is authorized to offer and pay a reward for information leading to the
identification and arrest of any person or persons who willfully damages or destroys any real or
personal property. No City employee or employee of the Los Angeles County Sheriff's
Department ("Sheriff's Department") shall be eligible for a monetary reward under this Chapter.
Sec. 9.02.020. - Reward amount.
A reward of up to $500 may be paid by the City, at its sole and complete discretion, to any
person who provides information which leads to the determination of the identity and arrest of
any persons who damages or destroys any real or personal property as a result of a residential
or vehicular burglary or attempted residential or vehicular burglary. The City Council may, by
resolution, adjust the amount of the monetary reward.
Sec. 9.02.030. - Procedure.
Upon finding that the receipt of information from an individual or individuals has led to the
identification and arrest of a person or persons suspected of damaging or destroying real or
personal property as a result of a residential or vehicular burglary or attempted residential or
vehicular burglary committed within the City, the Sheriff's Department may recommend that a
reward be disbursed. The recommendation shall be forwarded to the reward committee in
writing and must include all pertinent information, including the specific date and location of the
incident, description of damaged or destroyed property, case number, name of the person or
persons suspected of the damaged or destroyed property, and the name, address, and
telephone number of the witness or informant providing the relevant information.
Sec. 9.02.040. - Reward Committee.
The reward committee shall consist of the City Manager or designee and a sworn member of
the Sheriff's Department. The reward committee shall consider and verify the Sheriff's
Department's recommendation and ensure that the information provided was directly relevant
to the identification and arrest of the suspects and that there was damage to real or personal
property as a result of the residential or vehicular burglary or attempted residential or vehicular
burglary. For purposes of determining damage to real or personal property, the loss of
temporary or permanent use of real or personal property shall satisfy this requirement. Upon
unanimous confirmation of the recommendation's validity, the reward committee may disburse
the reward upon. The decision of the reward committee is final.
9.02.050. - Confidentiality.
The City Council finds that releasing the name, address, telephone number, and any other
pertinent information of which would lead to identifying a person receiving a reward would
discourage persons from providing such information and would undermine the purpose of
providing the reward and this Chapter. The City will endeavor to treat all such information as
not being a public record with the recognition that public records are governed by State law,
which the City is required to follow.
SECTION 2: If any part of this Ordinance or its application is deemed invalid by a court of competent
jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the
remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
SECTION 3: The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it
to be entered into the City of Diamond Bar's book of original ordinances; make a note of the passage
and adoption in the records of this meeting; and, within fifteen (15) days after the passage and
adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 4: This Ordinance will become effective 30 days after its final passage
Passed, Approved and Adopted this day of 2013.
Jack Tanaka, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on
the day of 2013 and was finally passed at a regular meeting of the City
Council of the City of Diamond Bar held on the day of , 2013, by the
following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAINED: COUNCIL MEMBERS:
Tommye Cribbins, City Clerk
CITY COUNCIL
Agenda #
Meeting Date:
7.1
October 15, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City Man g
TITLE: First Reading of Ordinance No"2013) amending Title 15 of the Diamond Bar
Municipal Code to adopt the 2013 California Building Standards Codes (Title 24
C.C.R. parts 2, 2.5, 3, 4, 5 and 11) as amended by the City.
RECOMMENDATION:
Introduce first reading by title only and waive full reading of Ordinance No. X (2013), and set
second reading for November 19, 2013.
FISCAL IMPACT:
None.
BACKGROUND:
The City Council previously adopted the 2010 California Building Codes on December 7,
2010. Typically, every three years the State of California (State) reviews various Model
Building Codes and adopts the most current California Building Standards Codes printed by
the International Code Council (ICC) as mandated by State Health and Safety Code Section
17958.
After adopting the 2012 ICC codes, along with California amendments, the State published
the 2013 California Building Standards Codes in July of this year. The 2013 codes will
become effective on January 1, 2014. Local cities may enact modify the State codes to enact
more restrictive building standards as needed to protect the public health, welfare and
wellbeing due to local climatic, geological, or topographical conditions. Any local
modifications to the State codes must be enacted and effective by January 1, 2014.
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PROPOSED CALIFORNIA BUILDING CODES WITH DIAMOND BAR'S LOCAL
AMENDMENTS:
General:
The codes adopted by the State are the "California Building Code" (CBC), 2013 Edition,
- Volumes 1 and 2, the "California Residential- Code" (CRC), 2013 Edition, the "California
Green Building Code" (CALGreen), the "California Mechanical Code" (CMC), 2013 Edition,
the "California Plumbing Code" (CPC), 2013 Edition, and the "California Electrical Code"
(CEC), 2013 Edition. The State mandated changes to the codes include a rewrite of the
Accessibility Standards to align with the Americans with Disabilities Act requirements, more
stringent energy efficiency measures, requiring additions to meet Green Building criteria, and
reorganization of the electrical wiring requirements.
Other codes adopted by the State, but which are included with this adoption, are the 1997
Uniform Housing Code and Substandard Building requirements contained in Chapters 98 &
99 of the Los Angeles County Amendments, 2011 Edition. The 1997 Uniform Housing Code
is used by our prosecutor's office for housing issues that cannot be found in the Substandard
Building requirements in the Los Angeles County Amendments (Chapters 98 & 99). The
2000 Uniform Pool, Spa and Hot Tub Code is being removed from the municipal code
adoption since it is no longer necessary as,the Building, Energy, and Plumbing Codes
contain all the necessary regulations pertaining to these uses. All of these codes were
previously adopted and are reintroduced with only clerical modifications to refer to the
Building Code Administrative section and updating to the most current regulations.
New State Mandated Building Code Requirements:
Every new Building Code adoption brings in additional construction requirements. The 2013
California Building Code creates several new requirements. The items listed below are all
State mandated requirements. The local municipal amendments will be discussed in the
"Local Amendments" section:
Plumbing Fixtures:
The California Civil Code Section 1101.1 to 1101.8 was implemented by the State legislature
which requires plumbing fixtures that are not low flow to be retrofitted to low flow. It was an
effort to increase the reliability of the water system and ensure an environmentally and
economically beneficial water delivery system. The requirement is an update of the original
1994 law that first required low flow fixtures. It now applies to additions over 10% of the
existing floor area or work over $150,000 in cost. When these thresholds are met, all fixtures
are to be retrofitted to low flow, including areas outside the area of remodel.
California Green Building Standards Code—Additions:
The California Green Building Standards Code (CALG,reen) was implemented the first time
during the last code cycle. While these standards do not relate to the safety of buildings, the
development of the code was intended to (1) cause a reduction in greenhouse gas emissions
from buildings; (2) promote environmentally responsible, cost-effective, healthier places to
2
live and work; (3) reduce energy and water consumption; and (4) respond to the directives by
the Governor.
In short, the code was established to reduce construction waste, make buildings more
efficient in the use of materials and energy, and reduce environmental impact during and
after construction. These requirements currently are instituted for only new structures under
the 2010 edition. Under the 2013 CALGreen, additions are to be included with these-
measures.
Accessibility:
The California Building Code has included accessibility requirements for decades.
Unfortunately, the requirements had some misalignments with the Federal Americans with
Disabilities Act (ADA). Therefore, the Division of the State Architect decided to completely
revise the California Building Code to have the same format and at least the same or stricter
requirements than the ADA. One of the most significant changes is to bathroom dimensions.
The new code will require larger spaces between toilets and sinks which will in turn require
larger bathrooms. The authors did realize this may cause difficulty in implementation, so to
provide some leniency, the code language allows existing bathrooms that meet the 2010
CBC guidelines to be maintained.
Energy Code:
The California Energy Code has tightened up the requirements for insulation and window
glazing. It now requires additional insulation and more energy efficient windows to be
installed than prior codes. It also requires that larger developments design roofs to be "solar
ready". Roof space needs to be provided for future installation for solar panels, and could
require reorientation of roofs for solar access.
Local Amendments:
The proposed ordinance amends Title 15 of the Diamond Bar Municipal Code incorporating
the new California Building Standards Codes. In addition, the proposed ordinance includes
express findings and determinations that modifications to the building standards contained in
the 2013 State codes are reasonably necessary because of local climatic, geological or
topographical conditions. The most significant technical changes are summarized below:
New Items Not Previously in Amendments:
Administration: CBC Section 105.5 — The current code vaguely describes when a
permit expires as when a job is "suspended or abandoned". In review with the City
Prosecutor's office, this can be loosely interpreted to mean that very limited work, such
as hammering one nail, could prevent the City from deeming the project "suspended or
abandoned". This has become a difficult matter for code enforcement cases which
allows slow construction to continue indefinitely. As a result, we are amending this
section to require a "successful inspection" occur. A successful inspection would give
3
the building inspector more authority to prove if significant progress has been made.
The recommended amendments also limit the length of time for permits that result in
work started without a permit in order to expedite the resolution of these kinds of code
enforcement cases.
• Fire Sprinklers on Extensively Remodeled Homes: CRC R313.1, R313.2, &
-R327.1.3 — Fire sprinklers have been required by Statecodesince the last code cycle,
but only for new single family homes. There are numerous cases where additions and
alterations to existing dwellings have essentially been a new residence and by a
technicality have not been required to install fire sprinklers or meet Fire Zone
requirements. Areas that have been mapped by the State Fire Marshal as Very High
Severity Fire Zones are in a dangerous fire hazard area and potential of fire hazards
being present based on a technical loophole is reason for modification. Numerous
applicants have left one or a few walls standing in order to establish the work as an
addition rather than a new home in order to avoid various requirements including fire
sprinklers and fire zone requirements. In order to prevent this, if over 90% of the
home is new, it is considered completely new and would be required to meet all new
requirements of the Building Code including sprinklers and fire zone requirements.
• Completion of Accessibility (ADA) Improvements at Rough Inspection: CBC
110.3.4 — Accessible upgrades are required whenever improvements are made to a
commercial property. Most owners are unaware of this requirements and do not
account for these costs when improving a facility. This causes the owners to defer site
access issues to the end of projects and have caused delay with opening businesses.
In order to prevent this from continuing, the proposal is to require an Accessibility
Rough Inspection which would require preparation of all accessible improvements
earlier in the construction process. The Accessible Rough Inspection would be
required prior to or at passing rough frame inspection (when stud walls are installed
prior to drywalling).
Updated Items from Previous Code:
• Pool Barriers/Fencing: CBC 3109.4.1 and CRC Appendix AG105.2(l) — Pool
barriers/fencing are required by these as well as other similar sections of the Building
and Residential Code. There is an inconsistency, between the State mandated height
and the model code. In order to avoid confusion, this section clarifies that a 5' high
barrier is required consistent with the State mandate (4' is incorrectly listed in the
model code).
• Reorganize Technical Items to Appropriate Sections: CBC Sections 117 to 119
were previously placed in the Administrative chapter. Since they are technical items,
they should be placed in the construction provisions of the Building Code. This is due
to the State Health and Safety Code 17958 requiring construction related amendments
to be supported by topographical, geologic, or climatic conditions. This is in contrast to
administrative items that do not require this evidence which was where these items
4
were previously placed. Sections 117 to 119 are moved to Sections 1612.1.1, 1801.3,
1803.1, and 1803.8 to coincide more appropriately to the technical provisions. The
Sections in Chapter 16 and 18 are specific construction requirements for the items
previously placed in Chapter 1. These Chapters are where design professionals
would locate these requirements which deal with soils reports and flood hazard issues.
These requirements remain the same and are only relocated to the appropriate
position in the Building Code.
• California Residential Code Consistency: Sections R403.1.3, R332 to R334, and
AG105.2(1) - The California Residential Code applies to single family dwellings while
much of the technical provisions were previously modified under the California Building
Code. In order to have. consistency, some items such as pool barriers, special
inspections, sound transmission control, and expansive soil requirements listed in the
California Residential Code are referenced to the California Building Code. The
addition of these provisions do not change application of the code and are meant to
further clarify application to dwellings.
Structural Earthquake Connections: CRC R602.10.8 — This Section is provided to
ensure direct connection of building components for seismic/earthquake forces. The
base code allows for a weaker nailed connection to resist lateral forces/earthquake
loads. The base code considers the entire country and was left in the State code in
error. The Los Angeles Regional Code Program and prior experience from
earthquakes have shown the types of connectors allowed under the base code have
performed poorly. This provision is not a new change and is currently in the City's
Building Code. This is re -introduced as required by the Health and Safety Code.
• Multi -Story Engineerinq: CRC R602.10 & R301.1.3.2 — This provision was created
to be consistent with the Los Angeles County and the local regional code
organizations. This section requires multi -story structures to be engineered where the
base code allows for multi -story structures without engineering. The poor performance
of these more complex structures has been proven by various studies the need for the
knowledge of an engineer. The purview of an engineer will protect occupants from
structural failure in this seismically active region. These requirements are not new and
are re -introduced as required by the Health and Safety Code.
• Fire Zone: CRC R327.2 — The City had previously adopted the Fire Zone maps
created by CAL Fire in late 2008. The map has not changed but in order to maintain
clarity and follow State law, the specific map is identified in the amendment. The map
took some time after adoption to formally be placed on the CAL Fire website and was
dated September 2011. This requirement is a clarification that does not change
implementation of prior adoption.
• Rehabilitation Code Update: Chapter 98 & 99 Los Angeles County Code - This
section is generally the same as the prior adoption. This section is to update the
Rehabilitation Code referencing to more current code sections. This section is part of
the code enforcement criteria for minimum housing standards, thus enhancing the
5
quality of life and preventing safety hazards in the City. It gives the City authority to
address the maintenance of residential housing as it relates to required exiting,
minimum light and ventilation, sanitation facilities, electrical wiring, weather protection,
and abatement of substandard housing. Chapter 98 was also included for abandoned
buildings which allows for enforcement of abandoned structures. Since this section is
not a technical construction requirement, it does not need to have any special findings
basedonthe Health andSafetyCode.
• Grading: Appendix J — This section is that same as the prior adoption with minor
updates for the current code. This section transfers the power and duties usually
exercised by the Building Official on all items dealing with excavation and grading to
the City Engineer. This amendment is proposed due to the complexity of the submitted
grading plans, and the diverse topography in the City of Diamond Bar. Dealing with
this type of challenge requires the expertise of a civil engineer that is accustomed in
addressing these projects, and this amendment would address this need.
The adoption of the California Building Code 2013 edition will aid the Building Official and
City Engineer in administrative, organizational and enforcement rules and regulations for the
technical codes which regulate the site preparation and construction, alteration, moving,
demolition, repair, use and occupancy of buildings, structures and building service equipment
within the City.
COMMENTS FROM OTHER AGENCIES AND ORGANIZATIONS:
The Fire Department and City Attorney have received and reviewed the proposed California
Building Code amendments, and find them to be acceptable in form and content.
NOTICE OF PUBLIC HEARING:
Pursuant to the Government Code, a pubic hearing notice was published in the Inland Valley
Daily Bulletin and the San Gabriel Valley Tribune 10 days prior to the introduction and first
reading of the ordinance.
Prepared By:
Raymond Tao
Building Official
Reviewed By:
n
�I
Greg Gubman
Community Development Director
11
Reviewed By:
David Doyle
Assistant City Manager
Attachments:
1. Draft Ordinance No. X (2013)
7
ORDINANCE NO. OX (2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND ADOPTING,
BY REFERENCE, THE 2013 CALIFORNIA BUILDING CODE, VOLUMES 1
AND 2, INCLUDING APPENDICES C, I, AND J THERETO, CHAPTER 1
DIVISION II OF THE 2013 CALIFORNIA BUILDING CODE AS THE
ADMINISTRATIVE CODE, THE 2013--CALIFORNIA--MECHANICAL-CODE,
AND THE APPENDICES THERETO, THE 2013 CALIFORNIA PLUMBING
CODE, AND THE APPENDICES THERETO, THE 2013 CALIFORNIA
ELECTRICAL CODE, AND THE APPENDICES THERETO, THE 2013
CALIFORNIA RESIDENTIAL CODE, INCLUDING APPENDICES G, H, J, K,
AND O THERETO, AND THE 2013 CALIFORNIA GREEN BUILDING CODE,
WITHOUT THE APPENDICES THERETO, TOGETHER WITH CERTAIN
AMENDMENTS, ADDITIONS, DELETIONS AND EXCEPTIONS.
A. RECITALS
(i) California Government Code Section 50022.1 et seq., authorizes the City of
Diamond Bar to adopt by reference the 2013 California Building Code; the 2013
California Administrative Code; the 2013 California Mechanical Code; the 2013
California Plumbing Code; the 2013 California Electrical Code; the 2013
California Residential Code; and the 2013 Green Building Code as set forth in
the California Code of Regulations, Title 24, parts 2, 2.5, 3, 4, 5, and 11.
(ii) Pursuant to the California Health and Safety Code Sections 17922, 17958,
17958.5 and 17958.7, the City may make modifications to the Title 24 building
standards and requirements that it deems reasonably necessary to protect the
health, welfare and safety of the citizens of Diamond Bar because of local
climatic, geological, or topographical conditions.
(iii) At least one copy of each of the codes and standards identified in this
Ordinance and certified as full, true and correct copies thereof by the City Clerk
of the City of Diamond Bar have been filed in the office of the City Clerk in
accordance with the provisions of California Government Code
Section 50022.6.
(iv) The City held a public hearing on October 15, 2013, at which time all interested
persons had the opportunity to appear and be heard on the matter of adopting
the codes and standards identified in this Ordinance as amended herein.
(v) Pursuant to California Government Code Section 6066, the City published
notice of the aforementioned public hearing on October 4, 2014.
(vi) Any and all legal prerequisites relating to the adoption of this Ordinance have
occurred.
1
B. ORDINANCE
NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find,
determine and ordain as follows:
SECTION 1: Findings in Support of Modifications to Title 24 Building Standards.
This Council does expressly find and determine that the modifications to the Title 24
building standards set forth herein are reasonably necessary to protect the health, welfare
and safety of the citizens of Diamond Bar because of the following local climatic, geological
or topographic conditions.
(1) The hillsides in Diamond Bar are composed of Puente Formation, and similar weak
geological materials, while neighboring flatland areas are composed of more stable
fill and alluvial materials. These materials may be naturally unstable or weak in
terms of physical support. These highly expansive soil conditions are vulnerable to
earth movement as well as unpredictable seismic response of buildings. The
unpredictable response from prior seismic events including Chino Hills, Northridge,
and the Whittier earthquakes have demonstrated the need for greater quality
control to ensure against poor seismic performance of multi -story structures.
(2) The City experiences diverse temperatures, which promotes expansion and
contraction of the soil. This condition is very damaging to expansive type soil.
(3) Because of the above-described climatic and geological conditions, the City of
Diamond Bar requires special engineering to support habitable structures within the
unstable soil areas and requires additional measures to be taken in connection with
excavation and grading activities.
(4) The City is located in a seismically active area and is in close proximity to various
active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto
and Raymond Faults It is reasonably foreseeable that an earthquake would render
the City particularly vulnerable to devastation.
(5) The City has extensive hillside topography, unstable geology, watershed areas,
expansive soils, and underground streams. In addition, the regional climate
alternates between extended periods of drought and brief periods of rainfall. For
these reasons, the City is susceptible to flood conditions.
(6) Because of the above-described geological conditions within the City, and the
substantial amount of freeway, railroad, and flood control facilities throughout the
community, the City, in the event of an earthquake, may be unable to dispatch an
adequate number of fire personnel and apparatus to suppress fires and conduct
rescue operations. Moreover, the conditions within Diamond Bar likewise occur in
surrounding communities, hereby rendering mutual aid assistance problematic, at
best.
(7) Due to the City's topography, numerous hillside fire hazard areas are located within
its boundaries.
2
(8) Climatic conditions within the community render it extremely likely that, in the event
of seasonal high winds and earthquake occurring, the County Fire Department
would be unable to suppress numerous fires occurring throughout the community.
(9) Located throughout the City, as well as in the surrounding communities, are
numerous concentrations of structures which have roofs constructed of thinly cut
pieces of wood, otherwise known as untreated shakes, as well as untreated wood
shingles. These untreated wood shakes and shingles are extremely combustible in
nature.
(10) The City is located in an area climatically classified as "arid" and prone to winds of
high velocity. Moreover, due to the and nature of the area, the weather during the
windy periods tends to be very warm and dry. The dry weather conditions present a
significant threat of wild fire to the City's undeveloped hillsides, wild lands, and
nearby homes and highly populated areas. The potential for rapid spread of even
small fires create a need for increased levels of fire protection.
(11) Sound transmission controls are necessary to protect City residents from excessive
noise generated by multiple nearby freeway interchanges and large arterial streets,
among other sources.
(12) Local climate makes pool ownership desirable. Children often reside in close
proximity to swimming pools, making pool barriers necessary. This need is
increased due to potential delays in emergency rescue response resulting from the
location of hillside residences and traffic congestion.
The Council does hereby further expressly find and determine that the amendments to
the Title 24 building standards, set forth herein, and as referenced below, are appropriate
given the specific local climatic, geological or topographic conditions set forth above.
CBC Sections 1505.1. and 1505.1.1 — Findings 7,8,9, 10.
CBC Sections 1612.1.1 — Finding 5.
CBC Sections 1801.3, 1803.1, 1803.8, 1803.8.1, 1809.4 and Appendix J —
Findings 1, 2, 3, 4, and 5.
CRC Sections R301.1.3.2, R313.1, R313.2, R327.1.3, R327.1.3, R327.2,
R402.1.3 — Findings 6, 7, 8, 9, and 10.
CRC Section R332 — Finding 1.
CRC Section R334 — Finding 11.
CBC Section 3109.4.1 and CRC R333 — Finding 12.
CPC Section 722.6 — Finding 3.
SECTION 2: Title 15 (Building and Construction Safety), Chapter 15.00, Division 2. —
Chapter 1 Administration Code is hereby deleted in its entirety and replaced to read as
3
follows:
DIVISION 2. - ADMINISTRATION CODE
Sec. 15.00.110. California Administration Code — Adopted.
Sec. 15.00.120. Amendments to the California Administration Code.
Sec. 15.00.130. Penalties for violation of division.
Secs. 15.00.140. — 15.00.300. Reserved.
Sec. 15.00.110. California Administration Code —Adopted.
Except as amended by Section 15.00.120, the California Administration Code, Chapter
1, Division II of the 2013 California Building Code, is hereby adopted and incorporated
herein by reference as though fully set forth in this Division and shall constitute the
Administration Code of the City.
Sec. 15.00.120. Amendments to the California Administration Code.
(1) Section 104.6 of the California Administration Code is amended to read as follows:
104.6 Right of entry. The building official, or his/her duly authorized
representative, shall have the authority to enter any building or premises for the
purpose of investigation of the existence of suspected or reported damage or
defects which constitute an immediate danger to human life or an immediate
hazard to public safety or health. Except in emergency situations, the building
official, or his/her authorized representative, shall not enter any building or
premises without the consent of the owner or occupant thereof, unless he/she
possesses a warrant authorizing entry and search of the premises. No person
shall hinder or prevent the building official, or his/her authorized representative,
while in the performance of the duties herein described as emergency situations
or while in possession of a warrant, from entering upon and into any and all
premises under his/her jurisdiction, at all reasonable hours, for the purpose of
inspecting the same to determine whether or not the provisions of the Chapter
and all other applicable laws or ordinances pertaining to the protection of
persons or property are observed therein.
(2) Section 105.1 of the California Administration Code is amended to read as follows:
105.1 Permits required. Except as specified in Section 105.2 , no building or
structure regulated by this Code shall be used, erected, constructed, enlarged,
altered, repaired, moved, improved, removed, occupied, maintained, converted
or demolished unless a separate permit for each building or structure has first
been obtained from the building official. All signs affixed to any building or
structure and not otherwise requiring a permit hereunder shall require a building
permit.
(3) Section 105.2 of the California Administration Code is amended to restate
exemptions 1, 4, and 9 as follows:
105.2 Work exempt from permit.
1. One story detached accessory structures used as tool and storage
sheds, playhouses and similar uses, provided (a) the floor area is not
greater than 120 square feet (111 M2); (b) the structure does not _exceed _8
feet (2.44 m) in height; (c) the structure has no plumbing or electrical
installations or fixtures; and (d) the structure is separated from any other
accessory structures by a minimum distance of 6 feet (1.83 m)
4. Retaining walls that are not over 3 feet (914 mm) in height measured
from the bottom of footing to the top of the wall, unless supporting a
surcharge or impounding flammable liquids.
9. Prefabricated swimming pools, spas, or hot tubs accessory to Group R,
Division 3 Occupancy that are less than 24 inches deep (610 mm), are
not greater than 5,000 gallons (18 925 L) and are installed entirely above
ground.
(4) Section 105.3 of the California Administration Code is amended to read as follows:
105.3 Application for permit. Application for a permit to perform the work
shall be made in writing to the building official and shall fully describe said work.
Plans, engineering calculations, diagrams, and other data, including
specifications and schedules, may be required to determine whether the
installation as described will be in conformance with the requirements of this
Title. If it is found that the installation as described will conform to all legal
requirements, and if the applicant has complied with the provisions of this Title,
a permit for such installation shall be issued. No deviation may be made from
the installation described in the permit and plan without the prior written
approval of the building official.
(5) Section 105.3.2 of the California Administration Code is amended to read as
follows:
105.3.2 Expiration of plan review. Applications for which no permit is issued
within 180 days following the date of filing shall expire by limitation, and plans
and other data submitted for review may thereafter be returned to the applicant
or destroyed by the building official. The building official may extend the time
for action by the applicant for a period not exceeding 180 days upon request by
the applicant showing that circumstances beyond the control of the applicant
have prevented action from being taken. No application shall be extended
more than once. In order to renew action on an application after expiration, the
applicant shall resubmit plans and pay a new plan review fee.
(6) Section 105.5 of the California Administration Code is amended to read as follows:
105.5 Expiration. Except as set forth in Section 105.5.1, every permit issued
61
shall expire by limitation and become null and void as follows:
(i) Every permit issued by the building official under the provisions of this
Code shall expire and become null and void unless the work authorized
by such permit is commenced within one -hundred -eighty (180) days after
permit issuance, and if a successful inspection has not been obtained
from the building official within one -hundred -eighty (180) days from the
- -- date of permit issuance -or -the -last successful inspection. -A-successful
inspection shall mean a documented passed inspection by the city
building inspector as outlined in Section 110.6. The building official may
extend the time for action by the applicant in writing for a period not
exceeding one -hundred -eighty (180) days beyond the latest expiration
limit upon written request by the applicant, filed with the building official
prior to expiration of the original permit;
(ii) In the event of permit expiration and before work for which such permit
was required can be commenced or recommenced, a new permit shall
first be obtained (hereafter, a "renewal permit'). The applicant must pay
all applicable renewal fees, in the amount then established by resolution
of the City Council. If a renewal permit is applied for, the building official
shall have the discretion to request a site inspection prior to its issuance
and a miscellaneous inspection fee shall be paid by the applicant prior to
inspection. The inspection fee shall be as specified by resolution of the
City Council. In addition, the applicant may be required to resubmit plans
and specifications, when deemed necessary by the building official to
verify compliance with the building codes, ordinances, regulations,
standards, and laws in effect at the time the renewal permit is applied for.
(iii) Upon issuance of a renewal permit, the building official may allow the
applicant to commence or recommence such work from the last
successful inspection of record under the original permit. When an
expired building permit includes expired sub -permits, activation of the
renewal permit shall activate all subsequent expired sub -permits. All
work to be performed under a renewal permit must be completed in
accordance with the building codes, ordinances, regulations, standards,
and laws in effect on the date of issuance of the renewal permit.
(iv) Demolition permits shall expire by limitation and shall become null and
void if the work authorized by such permits is not substantially
commenced within 45 -days of the date such permit was issued or as
otherwise specified by the building official.
(7) Section 105.5.1 is added to the California Administration Code to read as follows:
105.5.1 Expiration of permit for unlawful structure. Notwithstanding any
provision of Section 105.5, if a building permit was issued in order to bring an
un -permitted structure or other unlawful, substandard, or hazardous condition
into compliance with any applicable law, ordinance, rule or regulation, such
permit shall expire by limitation and become null and void 90 days after the date
IF
on which the permit was issued if all work has not been completed and final
inspection approved by the building inspector per Section 110.3.10 prior to the
close of the 90 day period. The building official may extend the validity of the
permit for a period not exceeding 90 days beyond the initial 90 day limit upon
written request by the applicant filed with the building official prior to the
expiration date of the original permit. Where a project cannot reasonably be
completed within the timeframes listed in this Section, an applicant may request
- - in writing prior to issuance of permit or prior to expiration of permit, building
official approval of a longer period not to exceed 360 days in total, inclusive of
all available extensions.
(8) Section 105.8 is added to the California Administration Code to read as follows:
105.8 Qualifications of permittee. No person shall be issued a permit under
this Chapter until evidence of a valid California Contractor's License and
Workers' Compensation Insurance is presented to the building official.
EXCEPTION: Owner -builder permit may be issued for specified occupancies in
accordance with California law.
(9) Section 109.1 of the California Administration Code is amended to read as follows:
109.1 Permit fees. The fees required in this Chapter shall be paid to the
Building Official for all work for which a permit is required by this Title.
(10) Section 109.4 of the California Administration Code is amended to read as
follows:
109.4 Work commencing before permit issuance. Failure to obtain a
permit and to pay fees therefore before commencing work shall be deemed
evidence of violation of the provisions of this Chapter. A penalty, as established
by resolution of the City Council, shall be assessed for work commenced before
a permit is issued. Whenever any work for which a permit is required under the
provisions of this Chapter has been commenced without the authorization, a
special investigation may be required before a permit will be issued for any
such work. In addition to any regular permit fee and/or any penalty fee, the said
investigation fee shall be collected as established by resolution of the City
Council.
(11) Section 109.6 of the California Administration Code is amended to read as
follows:
109.6 Fee refunds. The building official shall collect such fees as are
required to be paid by this Chapter and shall make no refund of fees paid
except in accordance the provisions of this Section and in no event after one
hundred eighty (180) days have elapsed from the date of the issuance of the
permit. All requests for refund of fees paid shall be made in writing to the
building official and shall be made in accordance with the procedures and
refund schedule established by resolution of the City Council.
(12) Section 109.7 is added to the California Administration Code read as follows:
109.7 Plan review fees. When a plan or other data is required to be
submitted for review and approval by the building official pursuant to this
Chapter, a plan review fee shall be paid at the time of submittal of such plan or
other data. Said plan review and recheck fees shall be established, and may
be amended from time to time, by resolution of the City Council.
(13) Section 110.3.4.1 is added to the California Administration Code to read as
follows:
110.3.4.1 Accessibility rough inspection. Accessibility rough inspections
shall be made at the same time with rough frame inspections outlined in Section
110.3.4. Framing shall be verified for accessible dimensions and site access
features shall be prepared, non -accessible features demolished, and
measurements verified for installation of curb ramps, slope of surfaces, future
concrete or asphalt installation, signage locations prepared, discrepancies
between plans and site conditions resolved, and any other accessible features
as determined by the building official.
(14) Section 113.1 of the California Administration Code is amended to read as
follows:
113.1 Appeals. A decision of the building official regarding the interpretation
or implementation of any provision of this Chapter or the Code adopted hereby
shall be final and shall become effective forthwith upon the service of the
decision by the building official, in writing, upon the permittee. For the purposes
of this section, service upon the permittee shall mean either personal delivery or
placement in the United States Mail, postage prepaid, and addressed to the
permittee at his last known business address; provided, however, that the
permittee may, within ten (10) days after the effective date of the decision of the
building official, file an appeal with the City Clerk, in writing, specifying the
reason or reasons for the appeal and requesting that the Board of Appeals
review the decision of the building official.
(15) Section 113.3 of the California Administration Code is amended to read as
follows:
113.3 Board of Appeals. The City Council shall act as the Board of Appeals
in making a final determination of any appeal filed in accordance with the
provisions of Section 113.1. The City Clerk shall schedule a hearing on the
appeal at reasonable times at the convenience of the Board of Appeals, but not
later than thirty (30) days after receipt of the written appeal. The permittee may
appear in person before the Board or be represented by an attorney and may
introduce evidence to support his claim. The building official shall transmit to
the Board all records, papers, documents, and other materials in support of his
decision and shall provide a copy thereof to the permittee appealing the
decision of the building official. The permittee appealing the decision of the
building official shall cause, at his own expense, any tests or research required
by the Board to substantiate his claim to be performed or otherwise carried out.
The Board may continue such appeal hearing from time to time as deemed
necessary by the Board. The Board may, by resolution, affirm, reverse or
modify in whole or in part, any appealed decision, determination, or
interpretation of the building official. A copy of the resolution adopted by the
Board shall be mailed to the permittee and the Board's decision shall be final
upon the mailing, by United States Mail, postage prepaid, to the permittee's last
known address of record
The determination of value or valuation under any of the provisions of this
Chapter shall be made by the building official whose determination shall be
final. The value is to be utilized in computing the permit and plan review fees
established pursuant to this Chapter shall be the total value of all work for which
the permit is issued including, by way of illustration and not by limitation,
construction and finish work, painting, roofing, electrical, plumbing, heating, air-
conditioning, elevators, fire -extinguishing systems, and all other permanent
equipment.
Sec. 15.00.130. Penalties for violation of division.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision, or to fail to comply with any of the requirements, of this Division. Any
person, firm, partnership, or corporation violating any provision of this Division or
failing to comply with their requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such
fine and imprisonment. Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any portion thereof
during which any violation of any of the provisions of this Division or the Codes
adopted hereby is committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefore as provided in
this Division.
Secs. 15.00.140 — 15.00.300. Reserved.
SECTION 3: Title 15 (Building and Construction Safety), Chapter 15.00, Division 3. Building
Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 3. - BUILDING CODE
Sec. 15.00.310. California Building Code —Adopted.
Sec. 15.00.320. Amendments to the California Building Code.
Sec. 15.00.330. Penalties for violation of division.
Sec. 15.00.310. California Building Code —Adopted.
Except as amended by Section 15.00.320, the 2013 California Building Code (Part 2 of
Title 24 of the California Code of Regulations), and Appendices C (Group U-
E
Agricultural Buildings), I (Patio Covers), and J (Grading) thereto, based on the 2012
International Building Code published by the International Code Council, is hereby
adopted and incorporated herein by reference as though fully set forth in this Division
and shall constitute the Building Code of the City. A copy of such Code has been
deposited in the office of the City Clerk and shall be, at all times, maintained by the
City Clerk for use and examination by the public.
- Sec.- 15.00.320. --Amendments to the California Building Code. -
(1) Section 1505.1 of the California Building Code is amended to read as follows:
1505.1 Roof covering requirements. The roof covering or roofing assembly
on any structure regulated by this Code shall as specified in Table 1505.1 and
as classified in Sections 1505.2 to 1505.8. Roofing shall be secured or
fastened to the supporting roof construction and shall provide weather
protection for the building at the roof.
(2) Section 1505.1.1 of the California Building Code is amended to read as follows:
1505.1.1 Roof coverings within high fire hazard severity zones. Unless
governed by more stringent requirements of this Code, buildings within any
area designated as a Very -High Fire Hazard Zone shall have a fire -retardant
roof covering that is at least a Class A, as specified below:
(i) Section 1505.1.1 is applicable to the entire roof covering of new
buildings, to the entire roof covering of existing buildings where twenty-
five percent (25%) or more of the roof area is replaced within any one-
year period, and any roof covering applied in the alteration, repair or
replacement of the roof of every existing structure.
(ii) The installer of the roof covering shall provide certification of the roof
covering classification to the building owner and, when requested, to the
inspection authority having jurisdiction.
(3) Section 1505.1.3 of the California Building Code is amended to read as follows:
1505.1.3 Roof coverings within all other areas. The entire roof covering
of every existing structure where more than 25 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new
structure, and any roof covering applied in the alteration, repair or replacement
of the roof of every existing structure, shall be a fire -retardant roof covering that
is at least Class C.
(4) Section 1612.1.1 is added to the California Building Code to read as follows:
1612.1.1 Flood hazard. Buildings are not permitted in an area determined by
the City Engineer to be subject to flood hazard by reason of inundation,
overflow, or erosion.
The placement of the building and other structures (including walls and fences)
10
on the building site shall be such that water or mud flow will not be a hazard to
the building or adjacent property.
EXCEPTION: This prohibition shall not apply when provision is made to
eliminate such flood hazard to the satisfaction of the City Engineer by providing
adequate drainage facilities, by protective walls, suitable fill, raising the floor
level of the building, a combination of these methods, or by other means.
(5) Section 1801.3 is added to the California Building Code to read as follows:
Section 1801.3 Seismic hazard zone maps. Special studies zones maps
within the City of Diamond Bar prepared under Sections 2622 and 2623 of the
California Public Resources Code which show traces of earthquake faults are
hereby declared to be, on the date of official issue, a part of this Code, and may
be referred to elsewhere in this Code. Special studies zones maps revised
under the above Sections of the California Public Resources Code shall, on the
date of their official issue, supersede previously issued maps which they
replace.
Copies of each of the above maps shall be available for examination by the
public at the Department of Public Works, Department of Community
Development, and the Office of the City Clerk.
(6) Section 1803.1 of the California Building Code is amended by the addition of a
second paragraph to read as follows:
The City Engineer in the case of an application for a grading permit or if the
Building Official determines necessary, may require an engineering geology or
geotechnical engineering report, or both, where in his opinion such reports are
essential for the evaluation of the safety of the site. The engineering geology or
geotechnical engineering report or both shall contain a finding regarding the
safety of the building site for the proposed structure against hazard from
landslide, settlement or slippage and a finding regarding the effect that the
proposed building or grading construction will have on the geologic stability of
property outside of the building site. Any engineering geology report shall be
prepared by a certified engineering geologist licensed by the State of California.
Any geotechnical engineering report shall be prepared by a civil engineer
qualified to perform this work, such as a geotechnical engineer experienced in
soil mechanics. When both an engineering geology and geotechnical
engineering report are required for the evaluation of the safety of a building site,
the two reports shall be coordinated before submission to the City Engineer
and/or Building Official. Any finding regarding the safety of the building site and
the effect that the proposed building or grading construction will have on the
geologic stability of property outside of the building site must be substantiated
with sufficient data and analyzed in a manner consistent with the current
industry standard of care and must be concurred with by the City Engineer
and/or Building Official who may rely on the opinion of independent
geotechnical reviewers.
11
(7) Section 1803.8 is added to the California Building Code to read as follows:
1803.8 Geologic hazards. No building or grading permit shall be issued
under the provisions of this Section 1803 when the City Engineer finds that
property outside the site of the proposed work could be damaged by activation
or acceleration of a geologically hazardous condition and such activation or
acceleration could be attributed to the proposed work on, or, change in use of,
the siteforwhich the permit is requested. For the purpose of this Section,
geologically hazardous condition does not include surface displacement due to
earthquake faults.
(8) Section 1803.8.1 is added to the California Building Code to read as follows:
1803.8.1 Work requiring a building or grading permit by this Code is not
permitted in an area determined by the City Engineer to be subject to hazard
from landslide, settlement, or slippage. These hazards include those from
loose debris, slope wash and the potential for mud flows from natural slopes or
graded slopes. For the purposes of this Section, landslide, settlement, or
slippage does not include surface displacement due to earthquake faults.
(9) Section 1803.8.2 is added to the California Building Code to read as follows:
1803.8.2 Subject to the conditions of Section 1803.8, permits may be issued in
the following cases:
(i) When the applicant has submitted an engineering, geology and/or
geotechnical engineering report or reports complying with the policies
and provisions of City Engineer which report or reports show that the
hazard will be eliminated prior to the use or occupancy of the land or
structures by modification of topography, reduction of subsurface water,
buttressing, a combination of these methods, or by other means.
(ii) When the applicant has submitted an engineering geology and/
geotechnical engineering report or reports complying with the policies
and provisions of the City Engineer which report or reports contain
sufficient data to show that the site appears to be in no danger for the
intended use.
(10) Section 1809.4 of the California Building Code is amended to read as follows:
1809.4 Foundations on expansive soil. Unless otherwise specified by a
registered geotechnical engineer, foundation systems within the City of
Diamond Bar are considered to be on expansive soil and shall be constructed in
a manner that will minimize damage to the structure from movement of the soil.
Slab -on -grade and mat -type footings for buildings located on expansive soils
may be designed in accordance with the provisions of Section 1808.6.2 or such
other engineering design based upon geotechnical recommendation as
approved by the Building Official. Where such an approved method of
construction is not provided, foundations and floor slabs shall comply with the
following requirements:
12
(i) Depth of foundations below the natural and finish grades shall be not
less than 24 inches for exterior and 18 inches for interior foundations.
(ii) Exterior walls and interior bearing walls shall be supported on continuous
foundation.
(iii) Foundations shall be reinforced with at least two continuous one -half-
inch -diameter deformed reinforcing bars top and bottom. Two bars shall
be placed within four inches of the bottom of the foundation and two
within four inches of the top of the foundation.
(iv) Concrete floor slabs on grade shall be cast on a four -inch fill of coarse
aggregate or on a moisture barrier membrane. The slabs shall be at least
three and one-half inches thick and shall be reinforced with welded wire
mesh or deformed reinforcing bars. Welded wire mesh shall have a
cross-sectional area of not less than five -hundredths square inch per foot
each way. Reinforcing bars shall have a diameter of not less than three-
eighths inch and be spaced at intervals not exceeding 24 inches each
way.
(v) The soil below an interior concrete slab shall be saturated with moisture
to a depth of 18 inches prior to casting the concrete.
(11) Section 3109.4.1 of the California Building Code is amended to read as follows:
3109.4.1 Barrier Height and clearances. The top of the barrier shall be not
less than 60 inches (1524 mm)above grade measured on the side of the barrier
that faces away from the swimming pool. The vertical clearance between grade
and the bottom of the barrier shall be not greater than 2 inches (51 mm)
measured on the side of the barrier that faces away from the swimming pool.
Where the top of the pool structure is above grade, the barrier is authorized to
be at ground level or mounted on top of the pool structure, and the vertical
clearance between the top of the pool structure and the bottom of the barrier
shall be not greater than 4 inches (102 mm).
(12) Section J101.3 is added to Appendix J of the California Building Code to read
as follows:
J101.3 Hazardous conditions. Whenever the City Engineer determines that
any existing excavation, embankment or fill has become a hazard to life and
limb, or endangers property, structures, or adversely affects the safety, use or
stability of a public way or drainage channel, the owner of the property upon
which the excavation, embankment or fill is located, or other person or agent in
control of said property, upon receipt of notice in writing from the City Engineer
shall within the period specified therein repair, reconstruct or remove such
excavation, embankment or fill so as to eliminate the hazard in conformance
with the requirements of this Code.
(13) Section J101.4 is added to Appendix J of the California Building Code to read
13
as follows:
J101.4 Maintenance of protective devices and rodent control. The owner
of any property on which grading has been performed pursuant to a permit
issued under the provisions of this Code, or any other person or agent in control
of such property, shall maintain in good condition and repair all drainage
structures and other protective devices and burrowing rodent control when
shown on the grading plans filed with the application for grading permit and
approved as a condition precedent to issuance of such permit.
(14) Section J101.5 is added to Appendix J of the California Building Code to read
as follows:
J101.5 Correlation with other sections. The provisions of this chapter are
independent of the provisions of Division 9, Building and Property Rehabilitation
Code of Title 15 of the Diamond Bar City Code.
(15) Section J102.1 of Appendix J of the California Building Code is revised by
adding the following definitions:
BUILDING OFFICIAL. Whenever in Appendix J the term "Building Official' is
used, said term shall mean, and all powers and duties to be exercised by the
Building Official shall be vested in, the City Engineer of the City of Diamond Bar
except in Sections 106 and 112 of Appendix J respectively.
BUILDING CODE OFFICIAL. Whenever in Appendix J the term 'Building Code
Official' is used, said term shall mean, and all powers and duties to be
exercised by the Building Official shall be vested in, the City Engineer of the
City of Diamond Bar except in Sections 106 and 112 of Appendix J respectively.
CIVIL ENGINEER. A professional engineer registered in the State of California
to practice in the field of civil engineering works.
CIVIL ENGINEERING. The application of the knowledge of the forces of
nature, principles of mechanics and the properties of materials to the
evaluation, design and construction of civil engineering works.
DESIGN ENGINEER. The Civil Engineer responsible for the preparation of the
grading plans for the site grading work.
ENGINEERING GEOLOGIST. Shall mean a person experienced and
knowledgeable in engineering geology and holding a valid certificate of
registration as a geologist issued by the State of California.
GEOTECHNICAL ENGINEER. See "Soils Engineer."
GEOTECHNICAL HAZARD. An adverse condition due to landslide,
settlement, and/or slippage. These hazards include but are not limited to loose
debris, slopewash, and mud flows from natural or graded slopes.
14
LANDSCAPE ARCHITECT. A person holding a valid certificate of registration
as a landscape architect issued by the State of California.
SOILS ENGINEER (GEOTECHNICAL ENGINEER). A civil engineer
experienced and knowledgeable in the practice of soils (geotechnical)
engineering and holding a valid certificate of registration as a soils
(geotechnical) engineer issued by the State of California.
SOILS ENGINEERING (GEOTECHNICAL ENGINEERING). The application of
the principals of soils mechanics in the investigation, evaluation, and design of
civil engineering works involving the use of earth materials and the inspection or
testing of construction thereof.
(16) Section J103.1 of Appendix J of the California Building Code is amended to
read as follows:
J103.1 Permits required. Except as exempted in Section J103.2, no person
shall do any grading without first obtaining a grading permit from the City
Engineer. A separate permit shall be required for each site, and may cover both
excavations and fills, except that a grading permit may be issued for a site to
include incidental minor work outside the site on contiguous property, provided
that the owner of such contiguous property has filed with the City Engineer
written consent to the work. Such consent shall include a statement that the
owner will irrigate and maintain planted slopes and maintain drains located
within his property and the owner will hold the City of Diamond Bar free and
clear of any liability for damages to the proposed work. A grading permit does
not include the construction of retaining walls or other structures.
(17) Section J103.3 is added to Appendix J of the California Building Code to read
as follows:
J103.3 Other permits required and jurisdiction of other agencies.
J103.3.1 Other permits required. Permits issued under the provisions
of Appendix J convey no right to erect any foundation, structure or
building, or construct any swimming pool, spa or hot tub, or do any
plumbing work, or do any electrical work. Regular foundation, structure
or building; swimming pool, spa or hot tub; plumbing; electrical or other
permits shall be secured for all such work.
J103.32 Jurisdiction of other agencies. Permits issued under the
provisions of Appendix J shall not relieve the owner of the responsibility
for securing permits, licenses or approvals that may be required from
other departments or divisions of the governing agencies.
(18) Section J103.4 is added to Appendix J of the California Building Code to read
as follows:
J103.4 Grading designation. Grading involving any fill intended to support
structures, or grading for the development of more than one lot or parcel, or
15
grading in excess of 50 cubic yards, or grading which includes excavation or fill
in excess of 5 feet in depth or height shall be performed in accordance with the
approved grading plan prepared by a civil engineer, and shall be designated as
"engineered grading". All other grading shall be designated as "regular grading"
unless the permittee chooses to have the grading performed as "engineered
grading" or unless the City Engineer determines that special conditions or
unusual hazards exist, in which case grading shall be designated as and
conform to the requirements of "engineered grading".
(19) Section J104.5 is added to Appendix J of the California Building Code to read
as follows:
J104.5 Issuance. The provisions of Section 105.3 of Chapter 1, of the
California Building Code as duly adopted, are applicable to grading permits.
The City Engineer may require that grading operations and project designs be
modified if delays occur which incur weather -generated problems not
considered at the time the permit was issued.
The City Engineer may require professional inspection and testing by the soils
engineer. When the City Engineer has cause to believe that geologic factors
may be involved, the grading will be required to conform to "engineered
grading".
The City Engineer may require bonds in such form and amounts as may be
deemed necessary to ensure that the work, if not completed in accordance with
the approved plans and specifications, will be corrected to eliminate hazardous
conditions.
In lieu of a surety bond, the applicant may file a cash bond or instrument of
credit with the City Engineer in an amount equal to that which would be required
in the surety bond.
(20) Section J104.6 is added to Appendix J of the California Building Code to read
as follows:
J104.6 Denial of permit.
J104.6.1 Flood and geologic hazards. The City Engineer shall not
issue a grading permit in any case where he finds that the work, as
proposed by the applicant, is likely to adversely affect the stability of
adjoining property or result in the deposition of debris on any public way
or interfere with any existing drainage course or be in any area
determined to be subject to flood or geologic hazard under provisions of
Section 117 of Chapter 1 of the 2013 California Building Code, as duly
adopted and amended.
EXCEPTION 1: This prohibition shall not apply when provision is made
to eliminate such flood or geologic hazard to the satisfaction of the City
Engineer under the provisions of Section 116 of Chapter 1 of the 2013.
California Building Code, as duly adopted and amended.
16
EXCEPTION 2: This prohibition shall not apply when grading work in an
existing drainage course and is designed to meet all requirements for
grading in drainage courses under the City's Hillside Management
Ordinance and provision is made to the satisfaction of the City Engineer
to adequately collect, convey and discharge flows through the project
without increasing erosion or deposition of debris or adversely affecting
upstream or downstream properties.
104.6.2 Land use. The City Engineer shall not issue a grading permit
for any work on the site unless the proposed uses shown on the grading
plan for the site will comply with the provisions of the Zoning Code
Ordinance of the City of Diamond Bar.
(21) Section J104.7 is added to Appendix J of the California Building Code to read
as follows:
J104.7 Import and export of earth materials in excess of 10,000 cubic
yards.
J104.7.1 Transport over public maintained streets. In addition to
other provisions of this Code, the following requirements shall apply
when earth materials in excess of 10,000 cubic yards are to be exported
from or imported to a grading site by transporting such materials over a
publicly maintained street.
(i) The point of access to the public street shall be located as
approved by the City Engineer.
(ii) Special safety precautions, including, but not limited to, the
access road approach grade and alignment to the public street, sight
distance at the intersection with the public street and traffic control
devices may be required by the City Engineer.
J104.7.2 Zoning ordinance compliance. No grading permit shall be
issued for the import or export of more than 10,000 cubic yards of earth
material to or from a grading site where such work would be classified as
an "off-site transport grading project" as defined in Title 22 of the
Diamond Bar Municipal Code, entitled "Development Code", unless the
project is in conformance with Title 22.
(22) Section J105.3 is added to Appendix J of the California Building Code to read
as follows:
J105.3 Transfer of responsibility. If the civil engineer, the soils engineer, or
the engineering geologist of record is changed during grading, the work shall be
stopped until the replacement has agreed in writing to accept their responsibility
in the area of technical competence for approval upon completion of the work. It
shall be the duty of the permittee to notify the City Engineer in writing of such
change prior to the recommencement of such grading.
17
(23) Section J109.5 is added to Appendix J of the California Building Code to read
as follows:
J109.5 Overflow protection. Berms, swales or other devices shall be
provided at the top of cut or fill slopes steeper than five horizontal to one vertical
to prevent surface waters from overflowing onto and damaging the face of the
slope. Gutters or other special drainage controls shall be provided where the
proximity of runoff from buildings or other structures is such as to pose a
potential hazard to slope integrity.
(24) Section J110.3 is added to Appendix J of the California Building Code to read
as follows:
J110.3 Temporary erosion control precautions. Grading operations shall
be planned to avoid the rainy season, October 15 through April 15 of the
following calendar year. Grading permits shall only be issued when a plan for
erosion control and silt retention has been approved by the City Engineer.
J110.3.1 The City Engineer shall not issue a grading permit for any
work to be commenced between October 15 of any year and April 15 of
the following calendar year, unless detail plans for such work include the
details of protective measures, including desilting basins or other
temporary drainage control measures, or both, as may be necessary to
protect the adjoining public and private property from damage by
erosion, flooding or deposition of debris which may originate from the site
or result from such grading operations.
All protective measures shall be installed before grading is begun.
All erosion control measures shall comply with any adopted National
Pollutant Discharge Elimination System (NPDES) policies and standards
of the City.
J110.3.2 Where a grading permit is issued and grading work
commenced after April 15 and before October 15 of any year and the
plans for such work do not include details of the protective measures
described in J110.3a, and it appears that the grading and installation of
the permanent drainage devices as authorized by the permit will not be
completed by October 15, then, on or before October 15 the owner of the
site on which the grading is being performed shall file or cause to be filed
with the City Engineer revised detail plans which include details of the
protective measures described in, and in all other respects follow, the
provisions of J110.3a.
J110.3.3 Effect of noncompliance. Should the owner fail to submit
detail plans or to provide the protective measures required by Sections
J1 10.3a and J1 10.3b by the date specified therein, it shall be deemed
that a default has occurred under the conditions of the grading permit
security. Thereupon the City Engineer may enter the property for the
purpose of installing, by City forces or other means, the drainage and
18
erosion control devices shown on the approved detail plans, or if there
are no approved detail plans, as may be deemed necessary to protect
adjoining property from storm damage, or the City Engineer may cause
the owner of the site to be prosecuted as a violator of this Code, or he
may take both actions.
(25) Section J110.4 is added to Appendix J of the California Building Code to read
as follows:
J110.4 Permanent erosion control.
J110.4.1 Planting and irrigation. The surface of all manufactured
slopes shall be protected against damage by erosion by the installation
of a permanent irrigation system and planting with ground cover, shrubs
and/or trees which provide satisfactory long term erosion control.
Planting and plant materials shall be specified and installed in
accordance with the Hillside Management Ordinance of the City of
Diamond Bar. The irrigation system shall provide adequate coverage
and the proper application rate to maintain the appropriate moisture for
the establishment and proper growth of the plantings installed, but the
irrigation shall not saturate the slopes or cause erosion.
J110.4.2 Planting and irrigation plans and specifications. For
grading which includes cut slopes more than 5 feet in height; or fill slopes
supporting structures of more than 3 feet in height; or natural slopes
disturbed more than 10 feet in surficial extent by the grading operations
planting and irrigation plans and specifications shall be submitted for
approval of the City Engineer and/or the Community Development
Director. For all manufactured slopes more than 20 feet in height or
natural slopes disturbed more than 20 feet in surficial extent by grading
operations plans shall be prepared and signed by a civil engineer or
landscape architect.
J110.4.3 Rodent control. All manufactured slopes steeper than four
horizontal to one vertical within a grading project adjacent to
undeveloped or unoccupied land shall be protected from potential slope
damage by a preventative program of burrowing rodent control.
J110.4.4 Release of security. The planting and irrigation systems
required by this Section shall be installed as soon as practical after rough
grading. Prior to final approval of grading and before the release of
grading security, the planting shall be well established and growing on
the slopes and, where required by Section J110.4.c, there shall be
evidence of an effective rodent control program.
(26) Section J113 is added to Appendix J of the California Building Code to read as
follows:
J113 Completion of work.
19
J113.1 Final reports. Upon completion of the rough grading work and
at the final completion of the work, the following reports and drawings
and supplements thereto are required for engineering grading or when
professional inspection is performed for regular grading, as applicable.
(i) An as -built grading plan prepared by the licensed civil engineer
retained to provide such services showing original ground surface
elevations, as -graded ground surface elevations, lot drainage
patterns, and the locations and elevations of surface drainage
facilities and of the outlets of subsurface drains. As -constructed
locations, elevations and details of subsurface drains shall be
shown as reported by the soils engineer.
Civil engineers shall state that to the best of their knowledge work
within their area of responsibility was done in accordance with the
final approved grading plan.
(ii) A report prepared by the licensed soils engineer retained to
provide such services including locations and elevations of field
density tests, summaries of field and laboratory tests, other
substantiating data, and comments on any changes made during
grading and their effect on the recommendations made in the
approved soils engineering investigation report. Soils engineers
shall submit a statement that, to the best of their knowledge, the
work within their area of responsibilities is in accordance with the
approved soils engineering report and applicable provisions of this
Chapter.
(iii) A report prepared by the licensed engineering geologist retained
to provide such services including a final description of the
geology of the site and any new information disclosed during the
grading and the effect of same on recommendations incorporated
in the approved grading plan. Engineering geologists shall submit
a statement that, to the best of their knowledge, the work within
their area of responsibility is in accordance with the approved
engineering geologist report and applicable provisions of this
Chapter.
J113.2 Notification of completion. The permittee shall notify the City
Engineer when the grading operation is ready for final inspection. Final
approval shall not be given until all work including installation of all
drainage facilities and their protective devices, and all erosion -control
measures have been completed in accordance with the final approved
grading plan, and the required reports have been submitted
Sec. 15.00.330. Penalties for violation of division
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision, or to fail to comply with any of the requirements, of this Division. Any
20
person, firm, partnership, or corporation violating any provision of this Division or
failing to comply with their requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such
fine and imprisonment. Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any portion thereof
during which any violation of any of the provisions of this Division or the Codes
adopted hereby is committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefor as provided in
this Division.
SECTION 4: Title 15 (Building and Construction Safety), Chapter 15.00, Division 4.
Mechanical Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 4. - MECHANICAL CODE
Sec. 15.00.510. California Mechanical Code — Adopted.
Sec. 15.00.520. Amendments to the California Mechanical Code.
Sec. 15.00.530. Penalties for violation of division.
Sec. 15.00.510. California Mechanical Code —Adopted.
Except as amended by Section 15.00.520, the 2013 California Mechanical Code (Part
4 of Title 24 of the California Code of Regulations) and the appendices thereto, based
on the 2012 Uniform Mechanical Code published by the International Association of
Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by
reference as though fully set forth in this Division and shall constitute the Mechanical
Code of the City. A copy of such Code has been deposited in the office of the City
Clerk and shall be, at all times, maintained by the Clerk for use and examination by the
public.
Sec. 15.00.520. Amendments to the California Mechanical Code
(1) Section 101.4 is added to the California Mechanical Code to read as follows:
101.4 Conflicts with Administration Code. Where conflicts between Chapter
1, Division II of this Mechanical Code and the Administration Code occur, the
Administration Code shall prevail. The purpose of Chapter 1 Division II of the
Mechanical Code is to supplement the Administration Code.
(2) Section 108.0 of the California Mechanical Code is amended to read as follows:
108.0 Board of Appeals. Refer to Administration Code Section 113.
(3) Section 114.0 of the California Mechanical Code is amended to read as follows:
114.0 Fees. Refer to Administration Code Section 109.
Sec. 15.00.530. Penalties for violation of division.
21
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision, or to fail to comply with any of the requirements, of this Division. Any
person, firm, partnership, or corporation violating any provision of this Division or
failing to comply with their requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such
fine and imprisonment. Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any portion thereof
during which any violation of any of the provisions of this Division or the Codes
adopted is hereby committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefor as provided in
this Division.
SECTION 5: Title 15 (Building and Construction Safety), Chapter 15.00, Division 5.
Plumbing Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 5. - PLUMBING CODE
Sec. 15.00.710. California Plumbing Code—Adopted.
Sec. 15.00.720. Amendments to the California Plumbing Code.
Sec. 15.00.730. Penalties for violation of division.
Sec. 15.00.710. California Plumbing Code —Adopted.
Except as amended by Section 15.00.720, the 2013 California Plumbing Code (Part 5
of Title 24 of the California Code of Regulations) and the appendices thereto, based
on the 2012 Uniform Plumbing Code published by the International Association of
Plumbing and Mechanical Officials, is hereby adopted and incorporated herein by
reference as though fully set forth in this Division and shall constitute the Plumbing
Code of the City. A copy of such Code has been deposited in the office of the City
Clerk and shall be, at all times maintained by the City Clerk for use and examination
by the public.
Sec. 15.00.720. Amendments to the California Plumbing Code.
(1) Section 101.4.1 is added to the California Plumbing Code to read as follows
101.4.1 Conflicts with Administration Code. Where conflicts between
Chapter 1, Division II of this Plumbing Code and the Administration Code occur,
the Administration Code will prevail. The purpose of Chapter 1, Division II of
the Plumbing Code is to supplement the Administration.
(2) Section 103.4 of the California Plumbing Code is amended to read as follows:
103.4 Fees. Refer to Administration Code Section 109.
(3) Section 722.6 is added to the California Plumbing Code to read as follows:
722.6 No such excavation shall be left unattended at any time unless the
permittee shall have first provided a suitable and adequate barricade to assure
22
public safety.
Sec. 15.00.730. Penalties for violation of division.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision, or to fail to comply with any of the requirements, of this Division. Any
person, firm, partnership, or corporation violating any provision of this Division or
failing to comply with their requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such
fine and imprisonment. Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any portion thereof
during which any violation of any of the provisions of this Division or the Codes
adopted hereby is committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefor as provided in
this Division.
SECTION 6: Title 15 (Building and Construction Safety), Chapter 15.00, Division 6.
Electrical Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 6. - ELECTRICAL CODE
Sec. 15.00.710. California Electrical Code —Adopted.
Sec. 15.00.720. Amendments to the California Electrical Code.
Sec. 15.00.730. Penalties for violation of division.
Secs. 15.00.140. — 15.00.300. Reserved.
Sec. 15.00.910. California Electrical Code —Adopted.
Except as amended by Section 15.00.920, the 2013 California Electrical Code (Part 3
of Title 24 of the California Code of Regulations), including the appendices thereto,
based on the 2011 National Electrical Code published by the National Fire Protection
Association, is hereby adopted and incorporated herein by reference as though fully
set forth in this Division and shall constitute the Electrical Code of the City. A copy of
such Code has been deposited in the office of the City Clerk and shall be, at all times,
maintained by the Clerk for use and examination by the public.
Sec. 15.00.920. Amendments to the California Electrical Code.
(1) Section 89.101.7.4 is added to the California Electrical Code to read as follows:
89.101.7.4 Conflicts with Administration Code. Where conflicts between
Article 89 of this Electrical Code and the Administration Code occur, the
Administration Code shall prevail. The purpose of Article 89 of the Electrical
Code is to supplement the Administration Code.
(2) Section 89.108.4.2 of the California Electrical Code is amended to read as follows:
89.108.4.2 Fees. Refer to Administration Code Section 109.
23
(3) Section 89.108.8 of the California Electrical Code is amended to read as follows:
89.108.8 Appeals Board. Refer to Administration Code Section 113.
(4) Section 590.3(8) of the California Electrical Code is amended to read as follows:
590.3(B) 30 Days. Temporary electrical power and lighting installations shall be
permitted for a period not to exceed 30 days for holiday decorative lighting and
similar purposes.
Sec. 15.00.930 Penalties for violation of division.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision, or to fail to comply with any of the requirements, of this Division. Any
person, firm, partnership, or corporation violating any provision of this Division or
failing to comply with their requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such
fine and imprisonment. Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any portion thereof
during which any violation of any of the provisions of this Division or the Codes
adopted hereby is committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefor as provided in
this Division.
SECTION 7: Title 15 (Building and Construction Safety), Chapter 15.00, Division 12.
Residential Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 12. — RESIDENTIAL CODE
Sec. 15.00.3210. California Residential Code—Adopted.
Sec. 15.00.3220. Amendments to the California Residential Code.
Sec. 15.00.3230. Penalties for violation of division.
Sec. 15.00.3210. California Residential Code —Adopted.
Except as otherwise provided by this Title, Sections 102 to 116 of the Administration
Code, Section 1207 of Chapter 12, Chapter 34, and Appendix J of the 2013 California
Building Code (Part 2 of Title 24 of the California Code of Regulations) are hereby
adopted and incorporated herein by reference as though fully set forth in this Division,
and shall be known as Sections 102 to 116 of Chapter 1, Section 1207 of Chapter 12,
Chapter 34, and Appendix J of the 2013 California Residential Code (Part 2.5 of Title
24 of the California Code of Regulations).
Except as amended by Section 15.00.3220, the 2013 California Residential Code (Part
2.5 of Title 24 of the California Code of Regulations), and Appendices G (Swimming
Pools, Spas and Hot Tubs), H (Patio Covers), J (Existing Buildings and Structures), K
(Sound Transmission), and O (Automatic Vehicular Gates) thereto, based on the 2012
International Building Code published by the International Code Council, is hereby
adopted and incorporated herein by reference as though fully set forth in this Division
24
and shall constitute the Building Code of the City. A copy of such Code has been
deposited in the office of the City Clerk and shall be, at all times, maintained by the
City Clerk for use and examination by the public.
Sec. 15.00.3220. Amendments to the California Residential Code.
(1) Section R301.1.3.2 of the California Residential Code is amended to read as
follows:
R301.1.3.2 Woodframe structures. The building official shall require
construction documents to be approved and stamped by a California licensed
architect or engineer for all dwellings of woodframe construction more than two
stories and basement in height located in Seismic Design Category A, B or C.
Notwithstanding other sections, the law establishing these provisions is found in
Business and Professions Code sections 5537 and 6737.1.
The building official shall require construction documents to be approved and
stamped by a California licensed architect or engineer for all dwellings of wood
frame construction more than one story in height or with a basement located in
Seismic Design Category D0, D1, or D2.
(2) Sections R313.1 and R313.2 of the California Residential Code are revised by
amending the exception to these two Sections to read as follows:
Exception: An automatic residential fire sprinkler system shall not be required
for additions or alterations to existing buildings that are not already provided
with an automatic residential fire sprinkler system unless the addition or
alteration affects more than 90% of an existing structure located within a Very
High Fire Hazard Severity Zone. In that instance, modifications to more than
90% of the existing structure shall be considered a new structure and shall
require the installation of an automatic residential fire sprinkler system and meet
Fire Zone requirements.
(3) Section R327.1.3 of the California Residential Code is amended to restate
exemption 4 as follows:
4. Additions to and remodels of buildings originally constructed prior to the
applicable application date that do not affect more than 90% of the
existing structure. Modifications to more than 90% of the existing
structure shall be considered a new structure.
(4) Section R327.2 of the California Residential Code is revised by adding a third
paragraph to the definition of "FIRE HAZARD SEVERITY ZONES" to read as
follows:
The City Council hereby designates Very High Fire Hazard Severity Zones as
recommended by the Director of the California Department of Forestry and Fire
Protection (Cal Fire) and as designated on a map titled Very High Fire Hazard
Severity Zones in Local Responsibility Area (LRA) for Diamond Bar by Cal Fire
- Fire and Resource Assessment Program (FRAP), dated February 2011 and
25
retained on file at the office of the Building Official.
(5) Section R332 is added the California Residential Code to read as follows:
R332 Structural Tests and Inspections. Structural test and inspection
requirements which are omitted from the California Residential Code are
intended to refer to the California Building Code.
When structural tests and special inspections are required due to the methods
of construction the tests and inspections shall be performed and documented
as required in Chapter 17 of the California Building Code.
(6) Section R333 is added to the California Residential Code to read as follows:
R333 Pool Barrier Requirements. Pool barrier criteria are not explicitly
located within the California Residential Code and are intended to refer to the
California Building Code.
Where any body of water over 18" occurs, refer to California Building Code
Section 3109 for pool barrier requirements.
(7) Section R334 is added to the California Residential Code to read as follows:
R334 Sound Transmission Control. Criteria for sound transmission control
between dwelling units and outside noise shall be as provided in the California
Building Code. Refer to Section 1207 of the California Building Code for criteria
where sound transmission applies.
(8) Section R403.1.4.1 of the California Residential Code is amended to read as
follows:
R403.1.4.1 Foundations on Expansive Soil. Unless otherwise specified by a
registered geotechnical engineer, foundation systems within the City of
Diamond Bar are considered to be on expansive soil and shall be constructed in
a manner that will minimize damage to the structure from movement of the soil.
See Building Code Section 1809.4 for requirements.
(9) Section R602.10 of the California Residential Code is amended by the addition
of an exception to read as follows:
R602.10 Wall bracing.
EXCEPTION: Construction documents shall be designed in accordance with
engineered design by a California licensed architect or engineer per the
California Building Code for dwellings of wood frame construction more than
one story.
26
(10) Section R602.10.8, paragraph 1, of the California Residential Code is amended
to read as follows:
R602.10.8 Braced wall panel connections.
1. Parallel rafters or roof trusses shall be attached to the top plates of
braced wall panels through solid blocking and framing anchors or equal
each bay. No gaps or voids from the roof sheathing through the entire
connection shall occur.
(11) Section AG105.2(1) of Appendix G of the California Residential Code is
amended to read as follows:
AG105.2(1) Pool Barriers. Refer to Building Code Section 3109.4.1 for pool
barrier requirements.
Sec. 15.00.3230 Penalties for violation of division.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision, or to fail to comply with any of the requirements, of this Division. Any
person, firm, partnership, or corporation violating any provision of this Division or
failing to comply with their requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such
fine and imprisonment. Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any portion thereof
during which any violation of any of the provisions of this Division or the Codes
adopted hereby is committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefore as provided in
this Division.
SECTION 8: Title 15 (Building and Construction Safety), Chapter 15.00, Division 13. Green
Building Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 13. — GREEN BUILDING CODE
Sec. 15.00.3240. California Green Building Code — Adopted.
Sec. 15.00.3250. Reserved.
Sec. 15.00.3260. Penalties for violation of division.
Sec. 15.00.3240. California Green Building Code — Adopted.
Except as amended by Section 15.00.3250, the 2013 California Green Building Code
(Part 11 of Title 24 of the California Code of Regulations), without appendices, is
hereby adopted and incorporated herein by reference as though fully set forth in this
Division and shall constitute the Green Building Code of the City. A copy of such
Code has been deposited in the office of the City Clerk and shall be, at all times,
maintained by the City Clerk for use and examination by the public.
Separate waste diversion ordinances outlined in Chapter 8.16 of Title 8 and landscape
27
ordinances contained in Chapter 22.26 of Title 22 shall remain effective and in full
force notwithstanding the adoption of the California Green Building Code.
Sec. 15.00.3250. Reserved.
Sec. 15.00.3260. Penalties for violation of division.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision, or to fail to comply with any of the requirements, of this Division. Any
person, firm, partnership, or corporation violating any provision of this Division or
failing to comply with their requirements shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished by a fine not exceeding One Thousand
Dollars ($1,000.00) or by imprisonment not exceeding six (6) months or by both such
fine and imprisonment. Each such person, firm, partnership, or corporation shall be
deemed guilty of a separate offense for each and every day or any portion thereof
during which any violation of any of the provisions of this Division or the Codes
adopted hereby is committed, continued or permitted by such person, firm,
partnership, or corporation, and shall be deemed punishable therefore as provided in
this Division.
SECTION 8: Title 15 (Building and Construction Safety), Chapter 15.00, Division 9.
Rehabilitation Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 9. — REHABILITATION CODE
Sec. 15.00.1510. Los Angeles County Building Code —Adopted.
Sec. 15.00.1520. Amendments to the Los Angeles County Building Code.
Sec. 15.00.1530. Penalties for violation of division.
Secs. 15.00.1540-15.00.1700. Reserved.
Sec. 15.00.1510. Los Angeles County Building Code —Adopted.
Except as amended by Section 15.00.1520, Chapters 98 (Unoccupied Buildings,
Structures, and Special Hazards) and 99 (Building and Property Rehabilitation) of Title
26 of the Los Angeles County Building Code, based on the Uniform Building Code, is
hereby adopted and incorporated herein by reference as the Rehabilitation Code of
the City.
Sec. 15.00.1520. Amendments to the Los Angeles County Building Code.
(1) Section 9902.1 of Chapter 99 of the Los Angeles County Building Code is
amended to read as follows:
BOARD, as used by this Chapter, the term 'Board," 'Building Rehabilitation
Appeals Board," or 'Board of Supervisors" shall mean the City Council of the
City of Diamond Bar. All powers and duties to be exercised by the 'Board,"
"Building Rehabilitation Appeals Board," or 'Board of Supervisors" shall be
vested in the City Council of the City of Diamond Bar.
(2) Section 9902.8 is added to Chapter 99 of the Los Angeles County Building
28
Code to read as follows:
COUNTY, as used by this Chapter, shall mean the City of Diamond Bar. All
powers and duties to be exercised by the County shall be vested in the City of
Diamond Bar.
(3) Section 9905.16 is added to Chapter 99 of the Los Angeles County Building
Code to read as follows:
Garbage containers and receptacles stored in front or side yards visible from
public streets, except when placed in areas for collection not earlier than sunset
of the day preceding the designated day for collection, and all containers and
receptacles shall be removed from the place of collection prior to 10:00 p.m. of
the day the containers and receptacles have been emptied.
(4) Section 9906 of Chapter 99 of the Los Angeles County Building Code is deleted
in its entirety.
(5) Section 9927 of Chapter 99 of the Los Angeles County Building Code is
amended to read as follows:
The costs involved in the demolition or other work by the Building Official,
including in addition to other costs the applicable processing costs as set forth
in Resolution 91-54 (fee schedule), shall become a special assessment against
the property.
Sec. 15.00.1530. Penalties for violation of division.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision, or to fail to comply with any of the requirements, of this division. Any person,
firm, partnership, or corporation violating any provision of this division or failing to
comply with the requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment not exceeding six months or by both such fine and imprisonment. Each
such person, firm, partnership, or corporation shall be deemed guilty of a separate
offense for each and every day or any portion thereof during which any violation of any
of the provisions of this division or the code adopted hereby is committed, continued or
permitted by such person, firm, partnership, or corporation, and shall be deemed
punishable therefor as provided in this division.
Secs. 15.00.140 —15.00.300. Reserved.
SECTION 9: Title 15 (Building and Construction Safety), Chapter 15.00, Division 7. Uniform
Housing Code is hereby deleted in its entirety and replaced to read as follows:
DIVISION 7. — HOUSING CODE
Sec.
15.00.1110.
Uniform Housing Code—Adopted.
Sec.
15.00.1120.
Amendments to the Uniform Housing Code.
Sec.
15.00.1130.
Penalties for violation of division.
0
Secs. 15.00.1140 — 15.00.1300. Reserved.
Sec. 15.00.1110. Uniform Housing Code —Adopted.
Except as amended by Section 15.00.110, the 1997 Uniform Housing Code, published
by the International Conference of Building Officials, is hereby adopted and
incorporated herein by reference as though fully set forth in this Division and shall
constitute the Housing Code of the City of Diamond Bar. A copy of such Code has
been deposited in the office of the City Clerk and shall be, at all times, maintained by
the City Clerk for use and examination by the public.
In the event of any conflict between the provisions of the 1997 Uniform Housing Code
and California Health and Safety Code section 17920.3, the Health and Safety Code
provisions shall control.
Sec. 15.00.1520. Amendments to the Uniform Housing Code.
(1) Chapters 1, 3, and 4 of the Uniform Housing Code are hereby deleted in their
entirety. All administrative, permitting, definitions, and related requirements of
said Chapters 1, 3, and 4 of the Uniform Housing Code shall be governed by
Division 2 of this Chapter.
Sec. 15.00.1130. Penalties for violation of division.
It shall be unlawful for any person, firm, partnership, or corporation to violate any
provision, or to fail to comply with any of the requirements, of this division. Any person,
firm, partnership, or corporation violating any provision of this division or failing to
comply with their requirements shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment not exceeding six months or by both such fine and imprisonment. Each
such person, firm, partnership, or corporation shall be deemed guilty of a separate
offense for each and every day or any portion thereof during which any violation of any
of the provisions of this division or the Codes adopted hereby is committed, continued
or permitted by such person, firm, partnership, or corporation, and shall be deemed
punishable therefor as provided in this division.
SECTION 10: Title 15 (Building and Construction Safety), Chapter 15.00, Division 8.
Uniform Swimming Pool, Spa and Hot Tub Code is hereby deleted in its entirety and replaced
to read as follows:
DIVISION 8. — RESERVED
Secs. 15.00.1310 — 15.00.1330. Reserved.
Secs. 15.00.1310 —15.00.1330. Reserved.
SECTION 11: Any inconsistencies between the Building Code, Residential Code, Green
Building Code, Electrical Code, Mechanical Code, and Plumbing Code, as adopted by this
Ordinance, and the 2013 California Building Code, Residential Code, Green Building Code,
Electrical Code, Mechanical Code, and Plumbing Code, as set forth in Parts 2, 2.5, 11, 3, 4,
30
and 5, respectively, of Title 24 of the California Code of Regulations, are changes,
modifications, amendments, additions or deletions thereto authorized by California Health
and Safety Sections 17958.5 and 17958.7.
SECTION 12: To the extent the provisions of this Ordinance are substantially the same as
previous provisions of the Diamond Bar Municipal'Code, these provisions shall be construed
as continuations of those provisions and not as new enactments.
SECTION 13: If any section, subsection, subdivision, paragraph, sentence, clause or
phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be
invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance
or any part thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby
declares that it would have passed each section, subsection, subdivision, paragraph,
sentence, clause or phrase hereof, irrespective of the fact that any one or more sections,
subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid.
SECTION 14: This ordinance shall be effective upon adoption and shall become operative
on the 1� of January, 2014.
PASSED, ADOPTED AND APPROVED this day of 2013.
Mayor
I, TOMMYE CRIBBINS, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was introduced at a regular meeting of the City Council of the City of
Diamond Bar held on the day of , 2013, and was finally passed at a
regular meeting of the City Council of the City of Diamond Bar held on the day of
2013, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ATTEST:
City Clerk
City of Diamond Bar
31
CITY COUNCIL
Agenda # 8.1
Meeting Date: October 15, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
VIA: James DeStefano, City M n e
TITLE: FIRST READING OF ORDIN NCE 0X(2013) OF THE CITY OF DIAMOND BAR
AMENDING TITLE 10, BY AD ING SECTION 10.16.115 TO THE DIAMOND BAR
MUNICIPAL CODE PROHIBITING PARKING OF VEHICLES ON CITY STREETS
AND PUBLIC PROPERTY FOR THE PURPOSE OF SLEEPING
RECOMMENDATION:
Adopt.
FISCAL IMPACT:
None.
BACKGROUND:
The primary purpose for parking on City streets and public property is to provide places where
persons can temporarily park their vehicles in order to access residences, businesses, and for related
economic and recreational purposes.
Recently, the Sheriff's Department received calls regarding an individual sleeping in their vehicle
overnight on City streets. The City currently has a prohibition for overnight sleeping in parks, but
does not have any restrictions for sleeping in vehicles on City streets or public property. Because
individuals that reside in vehicles will often move to cities that don't have enforceable provisions
restricting overnight sleeping in vehicles, it is possible that there may be an increase in overnight
sleeping in vehicles in time.
RECOMMENDATION
The attached draft Ordinance would amend Title 10 of the Diamond Bar Municipal Code to prohibit
sleeping in vehicles on public property. In the event that individuals park their vehicles with the intent
of sleeping, the Sheriff's Department will have justification per City Code to restrict overnight sleeping
and issue citations per the Diamond Bar Municipal Code.
Prepared by:
a
Anthony Santos
Sr. Management Analyst
Reviewed
to the City Manager
Attachments:
1. Draft Ordinance No. OX (2013).
2. Diamond Bar Municipal Code Sections 10.16 and 10.50.05.
ORDINANCE NO. 0X(2013)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR
PROHIBITING PARKING OF VEHICLES ON CITY STREETS AND PUBLIC
PROPERTY FOR THE PURPOSE OF SLEEPING
A. RECITALS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, HEREBY FINDS AND
DETERMINES AS FOLLOWS:
1. On -street parking and parking on public property is limited. A primary purpose for
parking on City streets and public property is to provide places where persons can temporarily park
their vehicles in order to access nearby residences, businesses and public uses for social, business
or recreational purposes.
2. A secondary purpose is to provide parking for residents or employees of nearby
residences and businesses which may not have sufficient parking.
3. In establishing the number of parking spaces for public property, the City's parking
standards are based upon projections of the number of spaces that are required for persons using the
property. These standards do not contemplate that parking spaces will be utilized by persons for the
purposes of sleeping, as a home or as motel room.
4. Persons who park their vehicles on City streets and public property for the purpose of
sleeping are utilizing limited parking spaces and thereby limiting access to residential, commercial
and public property for persons who seek to use such places for their intended purpose.
Now, therefore, the City Council of the City of Diamond Bar does ordain as follows:
Section 1. Section 10.16.225 is added to the Diamond Bar Municipal Code to provide
as follows:
"Section 10.16.115. — Prohibited Parking
No person shall park and leave standing any vehicle on any public street, any public alley or
upon any public property for the purpose of sleeping, unless otherwise authorized by this Code or by
the owner of such property.
Section 2. Severability. If any section, clause, phrase, word or portion of this
Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each
other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be
declared invalid or unconstitutional.
Section 3. The Mayor shall sign this ordinance and the City Clerk shall certify to the
passage and adoption of this Ordinance and shall cause the same, or the summary thereof, to be
published and posted pursuant to applicable provisions of law and this Ordinance shall take effect
thirty (30) days after adoption.
Jack Tanaka, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing
Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on
the day of , 2013 and was finally passed at a regular meeting of
the City Council of the City of Diamond Bar held on day of , 2013, by the
following vote:
AYES:
COUNCIL MEMBERS:
NOES:
COUNCIL MEMBERS:
ABSENT:
COUNCIL MEMBERS:
ABSTAINED:
COUNCIL MEMBERS:
Fommye A. Cribbins, City Clerk
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Page 1 of 21
Ordinancesliamond Bar, California, Code of >> - CITY CODE >> Title 10TRAFFIC
CHAPTER 1STOPPING,0.16.STANDINGANDPA
CHAPTER 10.16. - STOPPING, STANDING AND PARKING
DIVISION 1. - GENERALLY
DIVISION 2. - PARKING TIME LIMITS
DIVISION 3. - RESTRICTIONS AND PROHIBITIONS
DIVISION 4. - PARKING METERS
DIVISION 5. - TOW -AWAY ZONES
DIVISION 6. - PREFERENTIAL PARKING
Diamond Bar, California, Code of Ordinances >> - CITY CODE >> Title 10 - VEHICLES AND TRAFFIC >>
CHAPTER 10.16. - STOPPING, STANDING AND PARKING >> DIVISION 1. - GENERALLY >>
DIVISION 1. - GENERALLY
Secs. 10.16.010-10.16.100. - Reserved.
1 i 1 '. 1 1 L • .i
Diamond Bar, California, Code of Ordinances >> - CITY CODE >> Title 10 - VEHICLES AND TRAFFIC >>
CHAPTER 10.16. - STOPPING, STANDING AND PARKING >> DIVISION 2. - PARKING TIME LIMITS >>
DIVISION 2. - PARKING TIME LIMITS
Sec. 10.16.110. - Signs limiting oarkinq time authorized in certain circumstances
Sec. 10.16.120. - Commercial loading zones
Sec. 10.16.130. - Post office oarkinq restrictions
Sec. 10.16.140. - Depositing mail; restrictions
Sec. 10.16.150. - Commercial vehicle oarkinq restrictions—Generally.
Sec. 10.16.160. - Same—Between 1000 p.m. and 6:00 a.m.
Sec. 10.16.170. - Provisions applicable to state highways
Sec 10 16 180 -Public utility and highway work vehicles' warning devices required
Sec. 10.16.190. - Trailers or semitrailers: parking requirements
Sec. 10.16.200. - Passenger loading -
Sec. 10.16.210. - Allevs7 parking limits.
Sec. 10.16.220. - Temporary restrictions authorized in certain circumstances
Sec. 10.16.230. - Removal of vehicle parked in temporarily restricted area
Sec. 10.16.240. - Second removal of illegally parked vehicle
Sec. 10.16.250. - Violation of division 2 or division 4 provisions; additional violations; fines
Secs. 10.16.260-10.16.400. - Reserved.
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Sec. 10.16.110. - Signs limiting parking time authorized in certain circumstances.
Whenever the city council finds that on any portion of the highway or of a private street or of
any parking lot maintained or operated for the public by the city there is at any time lack of sufficient
space to accommodate the drivers of vehicles and that the time of parking should be limited so that
everyone may have his/her fair turn, the city engineer shall erect and maintain adequate signs
along such portion of the highway specifying the limitation on the time of parking. No person shall
park or leave standing any vehicle in violation of any such sign.
(Ord. No. 14(1989), § 2(15.64.010), 6-27-89; Ord. No. 05(1999), § 19, 5-18-99)
A driver shall not stop for any purpose other than loading or unloading between the hours of
7:00 a.m. and 6:00 p.m., on any day except Sunday, or at such time as the city council may
designate, in any place marked by the city engineer, as provided in this section. Such stop shall not
exceed three minutes for a passenger vehicle and shall not exceed 20 minutes for a commercial
vehicle in any loading zone so marked by the city engineer in accordance with the Vehicle Code.
The city engineer shall so place signs or curb markings if the city council finds traffic conditions are
such to make loading feasible. Unless otherwise specified by the city council, such loading zone
shall not exceed 30 feet in length.
(Ord. No. 14(1989), § 2(15.64.020), 6-27-89)
The driver of a vehicle shall not park such vehicle for a longer time than ten minutes between
the hours of 7:00 a.m. and 6:00 p.m. for a distance of 40 feet adjacent to any post office when there
shall be in place appropriate markings or signs so placed by authority of the city engineer in
accordance with this title.
(Ord. No. 14(1989), § 2(15.64.030), 6-27-89)
A driver shall not stop or park for any purpose other than a stop not to exceed a period of
time reasonably necessary for the deposit of mail in an adjacent mailbox at those locations marked
by the city engineer pursuant to provisions of the Vehicle Code.
(Ord. No. 14(1989), § 2(15.64.040), 6-27-89)
Sec. 10.16.150. - Commercial vehicle parking restrictions—Generally.
(a) The following words, terms and phrases, when used in this section, shall have the meanings
ascribed to them in this subsection, except where the context clearly indicates a different
meaning:
Commercial vehicle means any vehicle which fits the definition of commercial vehicles set
forth in Vehicle Code § 260, as amended from time to time, or any successor provision thereof.
Semitrailer means any vehicle which fits the definition of semitrailer set forth in Vehicle Code
§ 5550, as amended from time to time, or any successor provision thereof.
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Trailer means any vehicle which fits the definition of trailer set forth in Vehicle Code § 630,
as amended from time to time, or any successor provision thereof.
(b) No person shall stop, park or stand any commercial vehicle for more than one-half hour on
any street located within the city in a commercial or industrial zone, except while loading or
unloading property, for such time in addition to such one -half-hour period as is necessary to
complete such work, or when such vehicle is parked in connection with and in aid of the
performance of a service to or on property in the block in which such vehicle is parked for
such time in addition to such one -half-hour period as is reasonably necessary to complete
such service.
(9) No person shall stop, park or stand any commercial vehicle having a manufacturer's gross
vehicle weight rating of 10,000 pounds or more on any street, or portion thereof, located in a
residential district within the city, except for such time as is reasonably necessary to make
pickups or deliveries of goods, wares, or merchandise from or to any building or structure
located on the street or for such time as is reasonably necessary for the purpose of
delivering materials to be used in the actual and bona fide repair, alteration, remodeling or
construction of any building or structure upon the street for which a building permit has
previously been obtained from the city.
(d) No person shall stop, park or stand any trailer or semitrailer on any street, highway or alley
located within the city unless such trailer or semitrailer is then attached to a motor vehicle
capable of drawing or carrying it upon the public streets and highways.
(e) The prohibitions contained in this section shall not apply to areas designated by resolution of
the city council.
(Ord. No. 4(1990), §§ 1, 2, 4-3-90)
1 .1 fi tl e - r +11 .
Whenever the city council finds that the parking of commercial vehicles on certain public
streets or alleys is creating a public nuisance or safety hazard, the city engineer shall erect and
maintain adequate signs along such public streets and alleys specifying that a person shall not park
any commercial vehicle weighing more than 6,000 pounds unladen between the hours of 10:00
p.m. and 6:00 a.m.
(Ord. No. 14(1989), § 2(15.64.055), 6-27-89)
The provisions of this division apply to state highways, except that a sign or marking shall not
be effective unless and until the finding of the city council is approved by the state department of
public works. The city engineer shall remove any sign or marking or parking meter on a state
highway within six months after the city receives written notice that the approval of the state
department of public works has been withdrawn.
(Ord. No. 14(1989), § 2(15.64.080), 6-27-89)
Sec. 10.16.180. - Public utility and highway work vehicles; warning devices
required.
The restrictions in this chapter, including both this division, all of division 3, except sections
10.16.430-10.16.480 and 10.16.510, and division 4 thereof prohibiting the stopping, standing or
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parking of vehicles shall not apply to the operator or owner of any service vehicle owned or
operated by or for, or operated under contract with a utility or public utility whether privately,
municipally or publicly owned, used in the construction, operation, removal or repair of utility
property or facilities when such vehicle is stopped, standing or parked at the site of work involving
the construction, operation, removal or repair of such utility or public utility property or facilities
upon, in, over, under or adjacent to a street or highway, or of a vehicle, whether privately,
municipally or publicly owned, engaged in authorized work on the highway; provided that warning
devices are displayed as specified in this section:
(1) During daylight such warning devices shall consist of:
a. A warning flag or barricade striping on the front and rear of such vehicle; or
b. A warning flag, sign or barrier on the highway not more than 50 feet in advance
of the vehicle and not more than 50 feet to the rear thereof; provided, however,
that in zones where the maximum speed limit is in excess of 25 miles per hour
such 50 -foot distance may be increased up to 500 feet from the vehicle as
circumstances may warrant.
(2) During the time from a half hour after sunset to a half hour before sunrise, or at any
time when there is not sufficient light to render clearly discernible any person or
vehicle on the highway at a distance of 500 feet. Such warning device shall consist of:
a. One or more lights or fusees on the vehicle giving warning to approaching
traffic from each direction; or
D. A warning light, flare, fusee or reflector on the highway not more than 50 feet in
advance of the vehicle and not more than 50 feet to the rear thereof; provided,
however, that in zones where the maximum speed limit is in excess of 25 miles
per hour, such 50 -foot distance may be increased up to 500 feet from the
vehicle where circumstances may warrant.
(3) The provisions of subsections (1) and (2) of this section shall not be deemed to
prevent the display of the warning devices specified in subsection a. or b. of each
subsection respectively.
(4) During either daylight or the time referred to in subsection (2) of this section, no other
warning devices shall be necessary if the vehicle is an authorized emergency vehicle
within the provisions of the Vehicle Code and is equipped with a flashing red light
visible to approaching traffic from each direction.
(Ord. No. 14(1989), § 2(15.64.090), 6-27-89)
(a) No person shall park any trailer or semitrailer upon any highway, street, alley, public way or
public place unless the trailer or semitrailer is at all times while so parked attached to a
vehicle capable of moving the trailer or semitrailer in a normal manner upon the highway,
street, alley, public way or public place, except with a 24-hour parking permit as provided
below.
(b) This section shall not apply to trailers or semitrailers which are disabled in such a manner
and to such an extent that it is impossible to avoid stopping and temporarily leaving the
disabled trailer or semitrailer on that portion of highway, street, alley, public way or public
place ordinarily used for vehicular parking.
(c) Notwithstanding subsection (a), a resident or a guest of a resident may, for the purpose of
loading and unloading, park an unattached trailer or semitrailer upon any residential street
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for a period not to exceed 24 hours with a valid and properly displayed permit, in accordance
with the following procedures:
(1) In order to obtain a 24-hour parking permit, the resident must submit an application,
which shall be prepared by the city engineer or his/her designee. Each application
shall be accompanied by a permit fee, which shall be set by resolution of the city
council.
(2) The permit must be affixed to the left side of the rear bumper of the vehicle when the
vehicle is parked and unattached. There is no limit upon the number of 24-hour
parking permits which may be issued to a resident.
(3) Any person issued a permit shall comply with the provisions of this section and the
provisions of subsections (b), (c) and (d) of section 10.16.1310 of this Code. Any
person in violation of those provisions shall be subject to the permit revocation
procedures set forth in section 10.16.1320 of this Code.
(Ord. No. 14(1989), § 2(15.64.100), 6-27-89; Ord. No. 02(1999), § 1, 1-19-99)
(a) An operator shall not park or stop for any purpose other than a stop of not to exceed three
minutes to load or unload passengers at any time in any of the following places when there
shall be in place appropriate markings or signs so placed by authority of the city engineer in
accordance with this title:
(1) For a distance of 30 feet along any curb at the main entrance to any hotel;
(2) At any curb in front of any portion of the main entrance and outside vestibule of any
theater during any time such theater is open for public performance; and
(3) In any passenger loading zone so marked by the city engineer.
(b) The city engineer may place curb paint markings at the places specified by subsections (a)
(1) and (a)(2) of this section and shall place such markings at those other locations at which
the city council finds that traffic conditions are such as to make passenger loading zones
feasible.
(Ord. No. 14(1989), § 2(15.64.120), 6-27-89)
A driver shall not park or stop in any alley for any purpose other than the loading or
unloading of passengers or materials, or both. Such driver shall not stop for the loading or
unloading of passengers for more than three minutes or for the loading or unloading of materials for
more than 20 minutes at any time in any alley.
(Ord. No. 14(1989), § 2(15.64.130), 6-27-89)
Sec. 10.16.220. - Temporary restrictions authorized in certain circumstances.
Whenever the city engineer finds that traffic congestion or traffic hazard is likely to result
from the operation, stopping, standing or parking of vehicles during the holding of public or private
assemblages, gatherings or functions, or during the construction, alteration, repair, sweeping or
improvement of any highway, or for other reason, he may place or cause to be placed temporary
signs prohibiting the operation, stopping, standing or parking of vehicles during the period such
conditions exist and giving notice that the vehicle may be removed, which signs shall be erected at
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least 24 hours prior to any removal. No person shall operate, park or leave standing any vehicle in
violation of any such sign.
(Ord. No. 14(1989), § 2(15.64.140), 6-27-89; Ord. No. 05(1999), § 20, 5-18-99)
Sec. 10.16.230. - Removal of vehicle parked in temporarily restricted area.
If a driver parks any vehicle contrary to the provisions of section 10.16.220, the sheriff shall
move such vehicle to the nearest safe place on the highway.
(Ord. No. 14(1989), § 2(15.64.150), 6-27-89)
1.T__Tas
If the sheriff, pursuant to the provisions of section 10.16.230 or of this section, moves a
vehicle to a place where parking is prohibited by section 10.16.220, if and when the presence of
such vehicle at such place also prevents or interferes with the construction, alteration or
improvement of the highway, he shall move such vehicle again as provided in such section.
(Ord. No. 14(1989), § 2(15.64.160), 6-27-89)
Sec. 10.16.250. -Violation of division 2 or division 4 provisions; additional
violations;
(a) When a notice of a violation of any provision of division 2 and division 4 of this chapter is
attached to a vehicle pursuant to Vehicle Code § 41103 and thereafter the vehicle remains
parked in the same place for an additional period of time exceeding the time permitted by
division 2 and division 4 of this chapter, such additional parking shall constitute an additional
violation of the provisions of this title, except that regardless of the length of time a vehicle is
parked during a particular calendar day such parking shall not constitute more than three
violations.
(b) Each violation shall be punishable by a fine of $2.00.
(Ord. No. 14(1989), § 2(15.64.170), 6-27-89)
Diamond Bar, California, Code of Ordinances >> - CITY CODE >> Title 10 - VEHICLES AND TRAFFIC >>
CHAPTER 10.16. - STOPPING, STANDING AND PARKING >> DIVISION 3. - RESTRICTIONS AND
PROHIBITIONS >>
DIVISION 3. - RESTRICTIONS AND PROHIBITIONS
Sec. 10.16.410. - Parking in certain places prohibited exceptions
Sec. 10.16.420. - Regulations applicable on state highways
Sec. 10.16.430. - Vehicles parked over 72 hours removal by sheriff.
Sec. 10.16.440. - Removal of ignition key when parking.
Sec. 10.16.450. - Parking on steep grades.
Sec. 10.16.460. -Angle parkinq.
Sec. 10.16.470. - Double parkinq.
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Sec. 10.16.480. - Parking prohibitions for specific places7 council authority.
Sec. 10.16.490. -Parking prohibitions for vehicles over six feet high near intersections
Sec 10A6.500. - Parking on private driveways or other public and private property.
Sec. 10.16.510. - Dual roadways.
Sec. 10.16.520. - Parking between curb and adjacent property.
Sec. 10.16.530. -Blocking highway or private street
Sec 10.16.540. - Vehicles transporting hazardous materials parking restrictions
Sec. 10.16.550. - Blocking driveways on private streets
Sec. 10.16.560. - Parking in intersections permitted in certain cases
Sec. 10.16.570. - Parking vehicles for sale or rent
Sec. 10.16.580. - Special hazard areas parking prohibition authority.
Sec. 10.16.590. - Areas adjacent to schools
Sec. 10.16.600. - Areas near fire hydrants on private roads
Sec. 10.16.610. - Reserved.
Sec. 10.16.620. - Use of assigned parking spaces
Sec. 10.16.630. - Physically handicapped persons: off-street parking facilities
Sec. 10.16.640. - Taxicab stands—Authorized locations.
Sec. 10.16.650. - Same—Marking.
Sec. 10.16.660. - Same—Use restrictions.
Secs. 10.16.670-10.16.800. - Reserved.
Page 7 of 21
A driver shall not parka vehicle in any of the places designated in sections 10.16.420,
10.16.440, 10.16.500, and 10.16.520 through 10.16.660 except when necessary to avoid conflict
with other traffic or in compliance with a traffic sign or signal or direction of a police officer, and
except that such sections do not prohibit motor buses stopping to receive or discharge passengers
at such locations when such locations are appropriately marked as bus loading zones.
(Ord. No. 14(1989), § 2(15.64.180), 6-27-89)
The provisions of sections 10.16.410, 10.16.440, 10.16.500 and 10.16.520 through
10.16.660, except section 10.16.560, apply to state highways except that a sign or marking shall
not be effective unless and until the finding of the city council is approved by the state department
of public works. The city engineer shall remove any such sign on a state highway within six months
after the city receives a written notice that the approval of the state department of public works has
been withdrawn.
(Ord. No. 14(1989), § 2(15.64.190), 6-27-89)
Sec. 10.16.430. - Vehicles parked over 72 hours; removal by sheriff.
(a) No person shall park or leave standing any vehicle upon a highway for 72 or more
consecutive hours.
(b) The sheriff shall remove to a safe place every vehicle which has been parked or left standing
upon a highway for 72 or more consecutive hours.
(c)
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As used in this section, the words safe place include, but are not confined to, any garage,
parking lot or open space owned by, maintained by or under the jurisdiction of the city, and
also every privately owned garage the owner or proprietor of which will accept such vehicle.
(Ord. No. 14(1989), § 2(15.64.200), 6-27-89, Ord. No. 05(1999), § 21, 5-18-99)
Every driver who parks a motor vehicle upon any highway shall first lock the ignition, remove
the key therefrom and take such key with him, unless a licensed driver remains in such motor
vehicle, in which case such licensed driver before leaving such vehicle shall first lock the ignition,
remove the key therefrom, and take such key with him.
(Ord. No. 14(1989), § 2(15.64.210), 6-27-89)
Whenever the city engineer has placed or caused to be placed appropriate signs, a driver
shall not park a vehicle on any highway unattended when upon any grade exceeding three percent
within any business or residence district without blocking the wheels of the vehicle by turning them
against the curb.
(Ord. No. 14(1989), § 2(15.64.220), 6-27-89)
State law reference— Authority, Vehicle Code § 22509.
Whenever the city council finds that the width of a highway and traffic conditions are such
that the parking of vehicles at an angle to the curb instead of parallel to the curb will not impede
traffic, and that there is need for the additional parking space which parking at an angle will provide,
the city engineer shall indicate at what angle traffic conditions make it desirable that vehicles should
be parked by placing parallel white lines on the surface of the roadway. On such portions of such
highways, whether such lines were painted before or after the effective date of the ordinance
codified in this title, a driver shall not stop, stand or park any vehicle except between, at the angle
indicated by, and parallel to both such adjacent white lines, with the nearest wheel not more than
one foot from the curb.
(Ord. No. 14(1989), § 2(15.64.240), 6-27-89)
(a) A person shall not park any vehicle on the roadway side of a vehicle which is stopped,
parked or standing on a private street at the curb or edge of the roadway.
(b) For the purpose of this section, the word 'roadway" is defined as that portion of the street
which is improved.
(c) This section does not prohibit any action prohibited by Vehicle Code § 22500 or any other
state law.
(Ord. No. 14(1989), § 2(15.64.250), 6-27-89)
Sec. 10.16.460. - Parking prohibitions for specific places; council authority.
(a)
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Whenever the city council finds that the parking of vehicles at all or certain hours of the day
upon any portion of a highway or of a private street which is open to the public constitutes a
traffic hazard or impedes the free flow of traffic, or both, the city engineer shall erect signs
stating that on such portion of such highway or such private street parking is prohibited at all
or certain hours of the day.
(b) No person shall stop, stand or park a vehicle along any of the following streets, or indicated
portions thereof, at any time:
Golden Springs Drive, on either side, from its intersection with Brea Canyon Road to the
westerly city limits.
(Ord. No. 14(1989), § 2(15.64.260), 6-27-89, Ord. No. 3(1990), § 2, 4-3-90)
intersections.Sec. 10.16.490. - Parking prohibitions for vehicles over six feet high, ne
Whenever the city council finds that the parking of vehicles, with a height of six feet or more,
within 100 feet of an intersection, creates a visibility limitation resulting in a potential traffic hazard,
the city engineer shall erect signs or markings stating that the parking of vehicles with a height of
six feet or more is prohibited within 100 feet of an intersection. No person shall park or leave
standing,any vehicle in violation of such prohibition.
(Ord. No. 14(1989), § 2(15.64.261), 6-27-89, Ord. No. 05(1999), § 22, 5-18-99)
10.16.600. . on private driveways or other public . priv
property.
(a) A person shall not park any vehicle, whether attended or unattended, in any private driveway
or upon any public or private property, except a highway, without the express or implied
consent of the owner or person in lawful possession of such driveway or property.
(b) This action does not prohibit any act, either expressly authorized or expressly prohibited by
either Penal Code § 602, or Vehicle Code § 21113, or by any other state law.
(Ord. No. 14(1989), § 2(15.64.270), 6-27-89)
Where a highway includes two or more separate roadways and traffic is restricted to one
direction upon any such roadway, a person shall not park a vehicle upon the left-hand side of any
such roadway unless the city council finds that such standing or parking will not constitute a traffic
hazard or impede the free flow of traffic.
(Ord. No. 14(1989), § 2(15.64.280), 6-27-89)
A person shall not park any motor vehicle between any curb and the adjacent property line
except at those locations where the city council finds that such parking will not constitute a traffic
hazard or public nuisance.
(Ord. No. 14(1989), § 2(15.64.290), 6-27-89)
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Sec. 10.16.530. - Blocking highway or private street.
A person shall not park any vehicle, whether attended or unattended, upon any highway
where the roadway is bordered by adjacent curbs or upon any private street which is open to the
public, whether bordered by curbs or not, unless not less than eight feet of the width of the paved or
improved or main traveled portion of such highway or such private street opposite such parked
vehicle is left clear and unobstructed for the free passage of other vehicles.
(Ord. No. 14(1989), § 2(15.64.300), 6-27-89)
(a) For purposes of this section:
(1) A motor vehicle is attended when the person in charge of the vehicle is on the vehicle,
awake, and not in a sleeper berth, or is within 100 feet of the vehicle and has it within
his unobstructed field of view.
(2) A qualified representative of a motor carrier is a person who:
a. Has been designated by the carrier to attend the vehicle;
b. Is aware of the nature of the hazardous material or substance contained in the
vehicle he attends;
C. Has been instructed on the procedures he must follow in emergencies
concerning hazardous materials or substances; and
d. Is authorized to move the vehicle and has the means and ability to do so.
(b) A vehicle transporting a hazardous material or substance as identified in title 49 CFR must
be attended at all times by its driver or a qualified representative of the motor carrier that
operates it, and shall not be parked on any highway, highway shoulder, street, alley, public
way or public place, or within five feet of the traveled portion thereof, within a residential
zone, or within 1,000 feet of any school, or within 300 feet of any bridge or tunnel, except for
brief periods when mechanical or equipment failure or disablement or malfunction of the
vehicle, or the necessities of operation require the vehicle to be parked and make it
impractical to park the vehicle in any other place.
(c) Repair, maintenance, refuse, utility, termite and pesticide vehicles, fuel delivery vehicles, and
vehicles delivering life support and health commodities, while servicing residential areas or
schools, are exempt from the provisions of subsection (b) of this section. Additionally, such
exempt vehicles need not be attended while the drivers are performing duties that are
evident and necessary as the driver of the vehicle or the provider of the service.
(d) The rules of this section do not relieve a driver from any obligation imposed by federal, state
or local laws relating to the transportation of hazardous materials or explosives, motor carrier
safety regulations, or the placement of warning signs or devices when a motor vehicle is
stopped on a public street or highway.
(Ord. No. 14(1989), § 2(15.64.310), 6-27-89)
Sec. 10.16.550. - Blocking driveways on private streets.
(a) A person shall not park any vehicle in front of a driveway on a private street which is open to
the public.
(b) This section does not prohibit any action prohibited by Vehicle Code § 22500 or by any other
state law.
(Ord. No. 14(1989), § 2(15.64.320), 6-27-89)
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Sec. 10.16.560. - Parking in intersections permitted in certain cases.
A driver may park within an intersection adjacent to the curb if the city council finds, pursuant
to Vehicle Code § 22500, that the width of the highway and traffic conditions are such that such
parking will not constitute a traffic hazard or impede the free flow of traffic.
(Ord. No. 14(1989), § 2(15.64.330), 6-27-89)
Sec. 10.16.570. - Parking vehicles for sale or rent.
A person shall not park any vehicle or cause any vehicle to be parked on any highway for the
purpose of displaying such vehicle or equipment on such vehicle for either sale or rent.
(Ord. No. 14(1989), § 2(15.64.340), 6-27-89)
At any place for a distance not to exceed 100 feet where the city engineer finds that parking
would unduly hamper the free flow of traffic, result in special traffic hazard, or endanger public
health or safety, he shall place appropriate signs or markings prohibiting such parking. No person
shall park or leave standing any vehicle in violation of such signs or markings.
(Ord. No. 14(1989), § 2(15.64.350), 6-27-89; Ord. No. 05(1999), § 23, 5-18-99)
Whenever the city engineer finds that parking adjacent to any school property would unduly
hamper the free flow of traffic or otherwise constitute a traffic hazard, he shall place appropriate
signs or markings prohibiting such parking. No person shall park or leave standing any vehicle in
violation of such signs or markings.
(Ord. No. 14(1989), § 2(15.64.360), 6-27-89; Ord. No. 05(1999), § 24, 5-18-99)
Sec. 10.16.600. -Areas near fire hydrants on private roads.
(a) A driver shall not park within 15 feet of a fire hydrant on any private road except when such
vehicle is attended by a licensed driver or chauffeur who is seated in the front seat and who
can immediately move such vehicle in case of necessity.
(b) This section does not prohibit any action prohibited by Vehicle Code § 22514 or by any other
state law.
(Ord. No. 14(1989), § 2(15.64.370), 6-27-89)
Editor's note—
Ord. No. 05(1999), § 25, adopted May 18, 1999, repealed § 10.16.610, which pertained to public
utility and highway work vehicles and derived from Ord. No. 14(1989), § 2(15.64.380),
adopted June 27, 1989.
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Whenever any vehicle parking space is assigned for the exclusive use of the occupant of any
building, whether residential, commercial or industrial, which parking space is within such building
or elsewhere, and at, in or near such parking space there is a legible sign stating either that such
space is exclusively assigned, or that parking is prohibited, or both, a person, other than the person
to whom such parking space is assigned, shall not park any vehicle in such parking space except
with the permission of the person to whom such parking space is assigned.
(Ord. No. 14(1989), § 2(15.64.390), 6-27-89)
Whenever the city council designates stalls or spaces in an off-street parking facility, owned
or operated by the city, for the exclusive use of physically handicapped persons whose vehicles
display either one of the distinguishing license plates issued to disabled persons pursuant to
Vehicle Code § 22511.5 or to disabled veterans as specified in Vehicle Code § 9105, a driver of
any vehicle not displaying one of the aforesaid distinguishing license plates shall not park such
vehicle in such parking space. The designation shall be made by posting immediately adjacent to,
and visible from, each stall or space, a sign consisting of a profile view of a wheelchair with
occupant in white on a blue background and by outlining or painting markings in accordance with
California Vehicle Code § 22511.8.
(Ord. No. 14(1989), § 2(15.64.410), 6-27-89; Ord. No. 05(1999), § 26, 5-18-99)
Whenever the business license commission, in granting a taxicab operator's license
pursuant to title 5 of this Code, specifies any taxicab stands, such locations shall be official taxicab
stands.
(Ord. No. 14(1989), § 2(15.64.420), 6-27-89)
The city engineer shall designate taxicab stands by the use of white paint on the curb, and
shall cause such stands to be marked or signposted with appropriate markings or signposts.
(Ord. No. 14(1989), § 2(15.64.430), 6-27-89)
Sec. 10.16.660. - Same—Use restrictions.
The driver of any vehicle, including the driver of a taxicab, except the driver of a taxicab to
which a taxicab stand has been assigned, shall not park such vehicle in such taxicab stand.
(Ord. No. 14(1989), § 2(15.64.440), 6-27-89)
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DIVISION 4. - PARKING METERS
Sec. 10.16.810. - Installation authorized in certain circumstances.
Sec. 10.16.820. - Hours of operation.
Sec. 10.16.830. - Highway parking requirements when meters installed
Sec. 10.16.840. - Parking lot requirements when meters installed.
Sec. 10.16.850. - Deposit of fees required.
Sec. 10.16.860. - Deposit of slugs.
Secs. 10.16.870-10.16.1000. - Reserved.
Page 13 of 21
The city engineer shall place and maintain parking meters on those city highways or portions
of city highways and portions of state highways designated by the city council and approved by the
state department of public works and on those parking lots designated by the city council
maintained or operated for the public by the city at a charge to the public.
(Ord. No. 14(1989), § 2(15.64.450), 6-27-89)
1 1 s ■ ;� s- n
The city engineer shall determine the hours and days during which use of parking meters
shall be required and shall indicate such hours and days by appropriate signs.
(Ord. No. 14(1989), § 2(15.64.460), 6-27-89)
A person shall not park any vehicle on any portion of a highway on which a parking meter is
installed at any time during which the time of parking is limited by this title, and during hours of
meter operation as indicated by a sign on the parking meter, except during the period indicated by
the parking meter indicator as legal for such parking.
(Ord. No. 14(1989), § 2(15.64.470), 6-27-89)
Sec. 10.16.840. - Parking lot requirements when meters installed.
A person shall not park any vehicle on any parking lot maintained or operated for the public
by the county at a charge to the public on which a parking meter is installed at any time during
which the time of parking is limited except during the period indicated by appropriate signs on such
lot as legal for such parking.
(Ord. No. 14(1989), § 2(15.64.480), 6-27-89)
Sec. 10.16.850. - Deposit of fees required.
A person shall not park any vehicle in any space metered by a parking meter without
depositing the proper fee as indicated on such parking meter for such parking.
(Ord. No. 14(1989), § 2(15.64.490), 6-27-89)
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A person shall not deposit any slug or other object except legal currency of the United States
in any parking meter.
(Ord. No. 14(1989), § 2(15.64.500), 6-27-89)
DIVISION 5. - TOW -AWAY ZONES
Sec. 10.16.1010. - Council findings.
Sec. 10.16.1020. - Removal by sheriff.
Sec. 10.16.1030. - Notice to owner of removed vehicle.
Sec. 10.16.1040. - Notice to department of motor vehicles required in certain circumstances
Secs. 10.16.1050-10.16.1200. -Reserved.
If the city council finds that the volume of traffic or other conditions at any location are such
that the enforcement of the provisions of this chapter prohibiting or restricting parking by the
imposition of criminal penalties is not sufficient to prevent the illegal parking of vehicles, it may
direct the city engineer to post at such locations signs reading 'Tow -Away Zone," or otherwise
informing the public that illegally parked vehicles will be removed.
(Ord. No. 14(1989), § 2(15.64.510), 6-27-89)
The sheriff shall remove from the highway to a garage, or other place of safety, any vehicle
which has been parked at a location at which there is a sign erected pursuant to section 10.16.1010
if such vehicle is parked in violation of any provision of this chapter.
(Ord. No. 14(1989), § 2(15.64.520), 6-27-89)
Sec. 10.16.1030. - Notice to owner of removed vehicle.
Whenever the sheriff removes a vehicle from a highway as authorized by this division, and
he knows or is able to ascertain from the registration records in the vehicle or from the registration
records of the state department of motor vehicles the name and address of the owner thereof, the
sheriff immediately shall notify in writing such owner of the fact of such removal, the grounds
thereof, and of the place to which such vehicle has been removed. If any such vehicle is stored in a
public garage, he shall deliver a copy of such notice to the proprietor of the garage.
(Ord. No. 14(1989), § 2(15.64.530), 6-27-89)
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Sec. 10.16.1040. - Notice to department of motor vehicles required in certain
circumstances.
Whenever the sheriff removing a vehicle from a highway under this division does not know
and is not able to ascertain the name of the owner of such vehicle, as provided in this division, and
if the vehicle is not returned to the owner within a period of 120 hours, then and in that event the
sheriff immediately shall send a written report of such removal by mail to the department of motor
vehicles at Sacramento, and shall file a copy of such notice with the proprietor of any public garage
in which the vehicle may be stored. He shall make such report on a form furnished by such
department. The report shall include a complete description of the vehicle, the date, time and place
from which removed, the grounds for such removal, and the name of the garage or place where the
vehicle is stored.
(Ord. No. 14(1989), § 2(15.64.540), 6-27-89)
Diamond Bar, California, Code of Ordinances >> - CITY CODE >> Title 10 - VEHICLES AND TRAFFIC >>
CHAPTER 10.16. - STOPPING, STANDINGS AND PARKING >> DIVISION 6. - PREFERENTIAL PARKING
DIVISION 6. - PREFERENTIAL PARKING
Sec. 10.16.1210. - Definitions.
Sec. 10.16.1220. - Designation of districts
Sec. 10.16.1230. - Issuance of permits.
Sec. 10.16.1240. - Posting signs in permit narking area
Sec. 10.16.1250. - Permit parking exemption
Sec. 10.16.1260. - Exemption of certain vehicles
Sec. 10.16.1270. - Exemption of emergency vehicles
Sec. 10.16.1280. - Application for and duration of permit
Sec. 10.16.1290. - Permit fees.
Sec. 10.16.1300. - Deposit of permit fees.
Sec. 10.16.1310. - Penalty provisions
Sec. 10.16.1320. - Permit revocation procedure.
Sec. 10.16.1330. - Visitor permits.
Sec. 10.16.1340. - Dissolving a district.
Sec. 10.16.1350. - Diamond Bar Preferential Parking District No 1
Sec. 10.16.1360. - Diamond Bar Preferential Parking District No 2
Sec. 10.16.1210. - Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Dwelling unit means a house, apartment, condominium, mobilehome or other type of
residence, in conformance with the city's zoning ordinance and related zoning maps, having an
address assigned consistent with the house numbering maps maintained by the city. Apartments
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having numbers or letters assigned in addition to the street address shall be deemed as a dwelling
unit.
Employee of merchant means any person employed by a merchant within a preferential
parking district.
Guest means any person visiting or intending to visit, for any purpose, either a resident or
merchant located in a preferential parking district.
Merchant means a person who, as proprietor, operates a commercial business involved in
the retailing of goods or services within a preferential parking district.
Preferential parking district or district means a residential area with streets or boundaries
designated by the ordinance establishing the district, wherein vehicles displaying a valid permit
shall be exempt from parking restrictions established pursuant to this division.
Resident means a person who lives in a dwelling unit located in a preferential parking district.
(Ord. No. 14(1989), § 2(15.64.600), 6-27-89)
Cross reference— Definitions generally, § 1.00.070.
The city council may, by ordinance, at its discretion or upon receipt of a petition signed by
residents or merchants living or working in two-thirds of the dwelling units or businesses comprising
not less than 50 percent of the developed frontage of the area proposed for designation, designate
a certain area to be a preferential parking district.
(Ord. No. 14(1989), § 2(15.64.610), 6-27-89)
(a) Parking permits for preferential parking districts shall be issued by the city engineer.
(b) The number of permits to be issued to any one dwelling unit or to any merchant's business
establishment, including its employees, shall be determined by the parking conditions within
each district and set forth in the ordinance establishing the district.
(c) Parking permits may be issued only to the following persons: residents, merchants,
employees of merchants, or guests within the prescribed preferential parking district.
(Ord. No. 14(1989), § 2(15.64.620), 6-27-89)
Upon the adoption by the city council of an ordinance designating a preferential parking
district and the specified parking regulations applicable thereto, the city engineer shall cause
appropriate signs to be erected in the district, indicating prominently thereon the parking limitation,
period of the day for its application, and the fact that motor vehicles with valid permits shall be
exempt therefrom.
(Ord. No. 14(1989), § 2(15.64.630), 6-27-89)
F -Myr -TT, in
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(a) A motor vehicle on which is displayed a valid parking permit affixed to the vehicle's rear-view
mirror shall be permitted to stand or be parked in the preferential parking district for which it
is issued without being limited by parking restrictions established pursuant to this division.
Except as provided in subsection (b) of this section, all other motor vehicles parked within a
preferential parking district shall be subject to the parking restrictions and penalties as
provided in this division.
(b) A preferential parking permit shall not guarantee or reserve to the holder thereof an on -street
parking space within the designated preferential parking district.
(Ord. No. 14(1989), § 2(15.64.640), 6-27-89, Ord. No. 3(1999), § 1, 1-19-99)
1 M .1 • • •-..: ..-
No person shall, without a permit therefor, park or leave standing any vehicle or trailer in a
preferential parking district in excess of the parking restrictions authorized pursuant to this division,
except for the following:
(1) Repair, maintenance, refuse, utility, fuel or delivery vehicles doing business in the
preferential parking district; and
(2) Vehicles delivering life-support and health commodities to residential areas and
schools located in the preferential parking district.
(Ord. No. 14(1989), § 2(15.64.650), 6-27-89)
Sec. 10.16.1270. - Exemption of emergency vehicles.
The provisions of the state exemption of emergency vehicles shall apply in preferential
parking districts.
(Ord. No. 14(1989), § 2(15.64.660), 6-27-89)
Except as otherwise provided, each parking permit issued by the city engineer shall be valid
for the period set forth in the ordinance establishing the district. Permits may be renewed upon
reapplication in the manner prescribed by the city engineer.
(Ord. No. 14(1989), § 2(15.64.670), 6-27-89)
Sec. 10.16.1290. - Permit fees.
The fee for a preferential parking permit shall be established by order of the city council. In
the absence of any such order, the fee shall be $2.00.
(Ord. No. 14(1989), § 2(15.64.680), 6-27-89)
Sec. 10.16.1300. - Deposit of permit fees.
Permit fees collected under the provisions of this division shall be paid into the treasury of
the city, and deposited in the preferential parking program fund.
(Ord. No. 14(1989), § 2(15.64.690), 6-27-89)
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Sec. 10.16.1310. - Penalty provisions.
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(a) Unless exempted by provisions of this division, no person shall stand or park a motor vehicle
in any preferential parking district established pursuant to this division in violation of any
parking restrictions established pursuant to this division. A violation of this section shall
constitute an infraction.
(b) No person shall falsely represent himself as eligible for parking permit or furnish false
information to the city engineer in an application for a preferential parking permit.
(c) No permit issued pursuant to this division shall thereafter be assigned, transferred or used
for any consideration, monetary or otherwise.
(d) No person shall copy, produce or create a facsimile or counterfeit parking permit, nor shall
any person use or display a facsimile or counterfeit preferential parking district permit.
(Ord. No. 14(1989), § 2(15.64.700), 6-27-89)
(a) Any permittee who has violated the provisions of subsections (b), (c) or (d) of section
10.16.1310 shall be subject to having the permit revoked, and shall be notified in writing of
the permit revocation. Upon notification of such revocation, the permittee shall, within 15
working days of receipt of such notice, either surrender the permit to the city engineer or
request, in writing, a hearing before the city engineer or designated representative.
(b) A timely request for a hearing made within 15 days of the receipt of the notice of revocation
shall stay any revocation until five working days after the hearing decision is rendered.
(c) A hearing shall be held by the city engineer or designated representative, unless continued
by agreement, within five working days of the request for a hearing. At the hearing, any
person may present evidence or argument as to whether the permittee has violated any
provisions of this division and whether the permit should be revoked.
(d) A decision shall be rendered, by the city engineer or designated representative within five
working days after the close of the hearing.
(e) The city engineer or designated representative may give oral notice of the decision at the
close of the hearing, or may send notice of the decision by mail to the permittee. The
decision of the city engineer or designated representative shall be final and conclusive.
M If the revoked permit is not surrendered, the sheriffs department shall be notified so that
appropriate enforcement action may be taken against the vehicle with the revoked permit the
same as any other vehicle parking in the district without a permit.
(Ord. No. 14(1989), § 2(15.64.710), 6-27-89)
Sec. 10.16.1330. -Visitor permits.
The rules governing the issuance of visitor permits shall be specified in the ordinance
establishing the district.
(Ord. No. 14(1989), § 2(15.64.720), 6-27-89)
Sec. 10.16.1340. - Dissolving a district.
The designation process as set forth in this division shall be utilized by the city council in
determining whether to dissolve a preferential parking district.
(Ord. No. 94(1989), § 2(15.64.730), 6-27-89)
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(a) Purpose. The purpose of Diamond Bar Preferential Parking District No. 1 is to reduce noise,
litter, blockage of residential driveways, and to allocate residential and commuter parking in
the residential area, thereby increasing availability of parking spaces for residents.
(b) Boundary. The area bounded as described below shall be designated the Diamond Bar
Preferential Parking District No. 1:
Beginning at the intersection of the centerlines of Diamond Bar Boulevard and Pathfinder
Road; then westerly along the centerline of Pathfinder Road to Presado Drive; then northerly
along the centerline of Presado Drive to Laurelrim Drive; then easterly for the entirety of the
eastern portion of Laurelrim Drive; then northerly along the centerline of Presado Drive to
Chestnut Creek; then northwesterly along the centerline of Chestnut Creek to Bella Pine
Drive; then westerly along the centerline of Bella Pine Drive to Autumn Glow Drive; then
southerly along Fern Hollow Drive, including Tambo Place, to Pathfinder Road; then
southerly along Brea Canyon Boulevard to the centerline of Fountain Springs Road; then
easterly along Fountain Springs Road to Diamond Bar Boulevard; then northerly to the point
of beginning; and are more specifically delineated by a plot set forth on Exhibit "A" attached
to the ordinance from which this section derives and by this reference incorporated herein.
(c) Parking restrictions. No parking for more than one hour from 7:00 a.m. to 4:00 p.m. on
school days except with an annual or temporary parking permit:
Street
Location
Birch Hill Drive:
Both sides of the street from Evergreen Springs Drive to
Castle Rock Road 21515 to 21651 Birch Hitl Drive).
Brazos Place:
Both sides of the street from Carriso Road to the end o
the cul-de-sac 21204 to 21250 Brazos Place).
Broken Arrow Drive:
Both sides of the street from Fern Hollow Drive Drive
to Viento Verano 21351 to 21468 Broken Arrow Drive).
Carriso Road:
Both sides of the street from Viento Verano Drive to
the end of the cul-de-sac (21502 to 21552 Carriso
Road).
Cazadero Place:
Both sides of the street from Evergreen Springs Drive to
the end of the cul-de-sac (21503 to 21519 Cazadero
Place).
Evergreen Springs Drive:
Both sides of the street from Sunbright Drive to 2017
Evergreen Springs Drive (2017 to 2338 Evergreen
Springs Drive).
Fern Hollow Drive:
Both sides of the street from Pathfinder Road to
Autumn Glow Drive (1953 to 1701 Fern Hollow Drive).
Fountain Springs Road:
Both sides of the street from Brea Canyon Road to
Sunbright Drive (21204 to 21250 Fountain Springs
Road).
Laurelrim Drive:
Both sides of the street from 21600 to 21784 Laurelrim
Drive.
Los Cerros Drive:
Both sides of the street cul-de-sac (1946, 1947, 1954,
1955, 1960, 1961, and 1963 Los Cerros Drive).
Lost River Drive:
Both sides of the street from Evergreen Springs Drive to
Castle Rock Road 21504 to 21612 Lost River Drive).
Pathfinder Road:
Both sides of the street from Evergreen Springs Drive to
the end of (Frontage Road) the cul-de-sac (21501 to
21536 Pathfinder Road).
Sunbright Drive:
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sides of the street from Fountain Springs Road to
of cul-de-sac at 2400 Sunbright Drive (2400 to 256
Tambo Place: Both sides of the street from Pathfinder Road to the
end of the cul-de-sac (21305 to 21325 Tambo Place).
Tree Top Drive: Both sides of the street from Fern Hollow Drive To the
end of the cul-de-sac (21200 to 21208 Tree Top Drive).
Viento Verano Drive: Both sides of the street from Evergreen Springs Drive to
1980 Viento Verano Drive (1980 to 2035 Viento Verano
e Star Drive: Both sides of the street from Viento
no Drive to end of cul-de-sac at 1983/1987 White
Drive (1903 to 1987 White Star Drive).
(d) Permit types. The following are the types of permits that will be issued in the Diamond Bar
Permit Parking District No. 1:
(1) Annual permit, renewed annually; available only to residents.
(2) Temporary permit, valid for up to five days; available to residents for their use or for
the use of their guests.
(e) Number of permits. No more than two annual permits shall be issued per single- family
residence; no more than one annual permit shall be issued per multifamily residence; an
unlimited number of temporary permits may be allocated to residents within the district.
(Ord. No. 3(1999), § 1, 1-19-99; Ord. No. 11(1999), § 1, 9-21-99; Ord. No. 03(2003), § 1, 10-7-03; Ord. No. 08
(2004), § 1, 9-21-04)
(a) Purpose. The purpose of the Diamond Bar Preferential Parking District No. 2 is to reduce
noise, litter, blockage of residential driveways and to allocate residential and commercial
parking in the residential area, thereby increasing the availability of parking spaces for
residents, merchants and employees of merchants.
(b) Boundary. The area bounded as described below shall be designated the Diamond Bar
Preferential Parking District No. 2:
Beginning at the intersection of Silver Cloud Drive and Fallow Field Drive; then southerly
along Fallow Field Drive to the centerline of Fallow Field Drive and Brea Canyon Cutoff
Road; then including the entire street of Pasco Court; and more specifically delineated by a
plot set forth on Exhibit "A" attached to the ordinance from which this section derives and by
this reference incorporated herein.
(c) Residential parking restrictions. No parking from 8:00 a.m. to 5:00 p.m. Monday through
Friday except with an annual or temporary parking permit in the following areas:
Street
Location
Fallow
East side of the street from Malad Court to the property line of 3220 Fallow Field Drive.
Field
Drive
West side of the street from Malad Court to the corner of Pasco Court.
Pasco
Both sides of the street from Fallow Field Drive to the end of the cul-de-sac (20900-20965 Pasco Court).
Court
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Municode
Page 21 of 21
(d) Commercial parking restrictions. No parking from 8:00 a.m. to 5:00 p.m. Monday through
Saturday, except with a commercial parking permit in the following areas:
Street
Location
Fallo
East side of Fallow Field Drive from Diamond Bar Boulevard/Brea Canyon Cut -Off Road intersection for
Field
166 feet, or to 44 feet south of 3220 Fallow Field Drive.
Drive
West side of Fallow Field Drive from Diamond Bar Boulevard/Brea Canyon Cut-off Road for 120 feet.
(e) No parking area. No parking any time in the following areas:
Street
Location
Fallow
East side of Fallow Field Drive from the southerly property line of 3220 Fallow Field Drive 44 feet
Field
southerly to 3230 Fattow Field Drive.
Drive
Nest side of Fallow Field Drive from 120 feet north of the Diamond Bar Boulevard/Brea Canyon Cut-off
Road intersection to the corner of Pasco Court.
(� Permit types. The following are the types of permits that will be issued in the Diamond Bar
Permit Parking District No. 2:
(1) Annual permit, renewed annually; available only to residents.
(2) Temporary permit, valid for up to five days; available to residents for their use or for
the use of their guests.
(3) Commercial permit, renewed yearly; available only to merchants and employees of
merchants with businesses located within the district for their use.
(9) Number of permits. No more than two annual permits shall be issued per single-family
residence; no more than one annual permit shall be issued per multifamily residence; an
unlimited number of temporary permits may be allocated to residents within the district; no
more than ten commercial permits shall be issued per business location.
(Ord. No. 3(1999), § 1, 1-19-99, Ord. No. 9(1999), § 1, 8-17-99)
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CHAPTER 10.50. - PARKING CITATION PROCESSING
See. 10.50.05. - Parking penalties.
(a) Parking penalties shall be established by resolution of the city council.
(b) All parking penalties received by the processing agency shall accrue to the benefit of the city.
CITY OF DIAMOND BAR PARKING PENALTY SCHEDULE EFFECTIVE JULY 1, 2009
ADMINISTRATIVE FEES:
Delinquency Notice Penalty: $5.00
California DMV Hold Penalty: $48.00
Returned Check Fee: $15.00
PARKING PENALTIES:
The following parking penalties are established for citations issued in the City of Diamond Bar by the Sheriffs Dept.
Page 1 of 4
#
Code
Section
Description
Penalty
With Delinquency Notice
With DMV Hold
1
DBMC
10.08.080(a)
Failure to obey
$60.00
$65.00
$113.00
parking signs
2
DBMC
10.08.080(b)
Failure to obey
$40.00
$45.00
$93.00
street
sweeping
parking signs
3
DBMC
10.08.100
Parking space
$60.00
$65.00
$113.00
markings
4
DBMC
10.16.110
Signs limiting
$60.00
$65.00
$113.00
parking time
authorized in
certain
circumstances
5
DBMC
10.16.120
Commercial
$55.00
$60.00
$108.00
loading zones
6
DBMC
10.16.130
Post office
$50.00
$55.00
$103.00
parking
restrictions
7
DBMC
10.16.140
Depositing mail
$50.00
$55.00
$103.00
restrictions
8
DBMC
10.16.200
Passenger
$55.00
$60.00
$108.00
loading
9
DBMC
10.16.210
Alleys: Parking
$55.00
$60.00
$108.00
limits
10
DBMC
10.16.220
Temporary
$55.00
$60.00
$108.00
restrictions
authorized in
certain
circumstances
11
DBMC
10.16.410
Parking
$60.00
$65.00
$113.00
prohibited
12
DBMC
10.16.440
Removal of
$50.00
$55.00
$103.00
ignition key
when parking
13
DBMC
10.16.450
Parking on
$50.00
$55.00
$103.00
steep grades
14
DBMC
10.16.460
Angle parking
$50.00
$55.00
$103.00
15
DBMC
10.16.470
Double parking
$55.00
$60.00
$108.00
16
DBMC
10.16.480
Parking
$55.00
$60.00
$108.00
prohibitions for
specific places:
Council
authority
17
DBMC
10.16.490
Parking
$55.00
$60.00
$108.00
prohibitions for
vehicles over
six feet high,
near
intersections
1S
DBMC
10.16.500
Parking on
$55.00
$60.00
$108.00
private
driveways or
other public
and private
property
19
DBMC
10.16.510
Dualroadways
i $55.00
1$60.00
$108.00
20
DBMC
10.16.520
Parking
$55.00
$60.00
$108.00
between curb
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CHAPTER 10.50. - PARKING CITATION PROCESSING
Page 2 of 4
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and adjacent
property
21
DBMC
10.16.530
Blocking
$55.00
$60.00
$108.00
highway or
private street
22
DBMC
10.16.540
Vehicles
$345.00
$350.00
$398.00
transporting
hazardous
materials;
parking
restrictions
23
DBMC
10.16.550
Blocking
$55.00
$60.00
$108.00
driveways on
private streets
24
DBMC
10.16.570
Parking
$55.00
$60.00
$108.00
vehicles for
sale or rent
25
DBMC
10.16.580
Special hazard
$55.00
$60.00
$108.00
areas; parking
prohibition
authonty
26
DBMC
10.16.590
Areas adjacent
$55.00
$60.00
$108.00
to schools
27
DBMC
10.16.600
Areas near fire
$70.00
$75.00
$123.00
hydrants on
private roads
28
DBMC
10.16.620
Use of assigned
$55.00
$60.00
$108.00
parking spaces
29
DBMC
10.16.630
Physically
$340.00
$345.00
$393.00
handicapped
persons; off
street parking
facilities
30
DBMC
10.16.660
Taxicab
$35.00
$40.00
$88.00
stands: Use
restrictions
31
DBMC
10.16.830
Highway
$35.00
$40.00
$88.00
parking
requirements
when meters
installed
32
DBMC
10.16.840
Parking lot
$35.00
$40.00
$88.00
requirements
when meters
installed
33
DBMC
10.16.850
Deposit of fees
$55.00
$60.00
$108.00
required
34
DBMC
10.16.13101(a)
Preferential
$60.00
$65.00
$113.00
parking
districts;
penalty
35
DBMC
10.16.150(b)
Commercial
$57.00
$62.00
$110.00
vehicle parking
exceeding 1i
hour
36
DBMC
10.16.150(b)
Second offense
$157.00
$162.00
$210.00
within 1 year
37
DBMC -
10.16.150(b)
Third offense
$457.00
$462.00
$510..00
within 1 year
38
DBMC
10.16.150(c)
Vehicle
$57.00
$62.00
$110.00
exceeding
10,000 lbs.
39
DBMC
10.16.150(c)
Second offense
$157.00
$162.00
$210.00
within 1 year
40
DBMC
10.16.150(c)
Third offense
$457.00
$462.00
$510.00
within 1 year
41
DBMC
10.16.190
Trailers or
$57.00
$62.00
$110.00
semitrailers:
Parking
requirements
42
DBMC
10.16.190(a)Second
offense
$157.00
$162.00
$210.00
within 1 year
43
DBMC
10.16.190(a)
Third offense
$457.00
$462.00
$510.00
within 1 year
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CHAPTER 10.50. - PARKING CITATION PROCESSING
Page 3 of 4
THE SCHEDULE OF PENALTIES FOR VIOLATION OF STANDING AND PARKING LAWS CONTAINED IN THE VEHICLE CODE OF THE STATE OF CALIFORNIA IS AS FOLLOWS
44
CVC
4152.5
Foreign vehicle
$40.00
$45.00
$93.00
registration
45
CVC
4454(a)
Registration
$40.00
$45.00
$93.00
card kept with
vehicle
46
CVC
4457
Stolen, last, or
$40.00
$45.00
$93.00
damaged cards
and plates
47
CVC
5200
Display of
$40.00
$45.00
$93.00
License plate
48
CVC
5201
Positioning of
$40.00
$45.00
$93.00
plates
49
CVC
5201(t)
Plates clearly
$40.00
$45.00
$93.00
visible
50
CVC
5202
Period of
$40.00
$45.00
$93.00
display
51
CVC
5204(a)
I No tabs
1$40.00
$45.00
1$93.00
52
CVC
27155
Fuel tank caps
1$40.00
$45.00
1$93.00
REGISTRATION/EQUIPMENT VIOLATION UPON PROOF OF CORRECTION, PENALTY IS REDUCED TO $10.00
53
CVC
21113(a)
Unlawful
$55.00
$60.00
$108.00
parking -Public
grounds
54
CVC
22500(a)
Parking within
$55.00
$60.00
$108.00
intersection
55
CVC
22500(6)
Parking on
$55.00
$60.00
$108.00
crosswalk
56
CVC
22500(c)
Parking/safety
$55.00
$60.00
$108.00
zone marked
with red paint
57
CVC
22500(d)
Parking fire
$70.00
$75.00
$123.00
station
entrance
58
CVC
22500(e)
Blocking
$55.00
$60.00
$108.00
driveway
59
CVC
22500(f)
Parking on
$55.00
$60.00
$108.00
sidewalk
60
CVC
22500(8)
Parking along
$55.00
$60.00
$108.00
excavation
61
CVC
22500(h)
Double parking
$55.00
$60.00
$108.00
62
CVC
22500(i)
Parking in bus
$265.00
$270.00
$318.00
zone
63
CVC
22500(j)
Parking in
$55.00
$60.00
$108.00
tunnel
64
CVC
22500(k)
Parking on
$55.00
$60.00
$108.00
bridge
65
CVC
22500(1)
Blocking
$260.00
$265.00
$313.00
disabled access
ramp
66
CVC
22500.1
Additional
$70.00
$75.00
$123.00
prohibited
stopping,
standing or
parking; fire
lane
67
CVC
22502(a)
Parking 18"
$55.00
$60.00
$108.00
from curb
68
CVC
22502(e)
Curb parking-
$55.00
$60.00
$108.00
One way
roadway
69
CVC
22504(a)
Unincorporated
$60.00
$65.00
$113.00
area parking
70
CVC
22505(a)
State highway
$55.00
$60.00
$108.00
parking
71
CVC
22507.8(a)
Disabled
$340.00
$345.00
$393.00
parking -No
visible
placard/plate
72
CVC
22507.8(b)
Obstruction of
$340.00
$345.00
$393.00
disabled
parking space
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CHAPTER 10.50. - PARKING CITATION PROCESSING
Page 4 of 4
73
CVC
22507.8(c )
Parking-
$340.00
$345.00
$393.00
Disabled
crosshatches
boundary line
74
CVC
22510
Parking in
$55.00
$60.00
$108.00
snow removal
areas
75
CVC
22514
Fire hydrants
$70.00
$75.00
$123.00
76
CVC
22515
Unattended
$55.00
$60.00
$108.00
vehicles
77
CVC
22516
Locked vehicle
$50.00
$55.00
$103.00
78
CVC
22517
Opening and
$70.00
$75.00
$123.00
closing doors
79
CVC
22520
Stopping on
$45.00
$50.00
$98.00
freeway
80
CVC
22521
Parking upon
$45.00
$50.00
$98.00
or near
railroad track
81
CVC
22522
Parking near
$290.00
$295.00
$343.00
designated
sidewalk
access ramps
82
CVC
22523(a)(b)
Abandonment
$115.00
$120.00
$168.00
prohibited
83
CVC
22526
Anti -gridlock
$70.00
$75.00
$123.00
Act
84
CVC
22526
Second
$115.00
$120.00
$168.00
offense -Anti -
gridlock Act
85
CVC
22526
Third offense-
$265.00
$270.00
$318.00
Anti -gridlock
Act
86
CVC
22951
Street and
$50.00
$55.00
$103.00
alley parking
87
CVC
23333
Stopping and
$47.00
$52.00
$100.00
parking -
Vehicular
crossing
88
CVC
25300(c )(e)
Warning device
$47.00
$52.00
$100.00
on disabled or
parked vehicle
89
CVC
31303(d)
Parking
$365.00
$370.00
$418.00
hazard -Waste
carrier -
Residential
district
90
CVC
35712(a)
Vehicle
$55.00
$60.00
$108.00
exceeding
14,000 lbs.
posted
(Ord. No. 07(1997), § 1, 11-4-97,Res. No. 2009.18, § H.1.(Ech. A), 5-19-09)
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CITY
II noon BARII
CITY COUNCIL
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Manager
Agenda # 8.2 amended
Meeting Date: October 15, 2013
AGENDA REPORT
TITLE: Fiscal Year 2013-14 Appropriation Adjustments for Carry Forward
Expenditures, Capital Project Carryovers and Fiscal Year 2012-13 Final
Adjustments
RECOMMENDATION:
1. Approve a budget adjustment carrying forward appropriations to FY 2013-14 for
previously encumbered goods and services in the amount of $622,143.68 for the Cameral
Fimd and $214,807.68 for the Special Revenue Funds.
2. Approve a budget adjustment to carry forward capital project appropriations in the
amount of $168,927.20 to FY 2013-14.
3. Approve various final budget adjustments to FY 2012-13 for changes in the amount of
revenue to be received for Gas Tax funds, transfers to special funds and additional
appropriations in various accounts.
BACKGROUND:
Each fiscal year, the City Council adopts a budget and appropriates the funds included in that
budget. The City's budget policies state that prior year appropriations lapse unless they are
approved for carryover into the following fiscal year. Encumbrances for previously ordered
goods and services not received by June 30th must be carried over and re -appropriated in the
new fiscal year. After FY 2012-13 was closed, staff was able to determine which capital projects
were not completed by June 30th and should be carried over into the next fiscal year for
completion.
DISCUSSION:
Carry Forward of Operating Appropriations
At the end of fiscal year 2012-13 there were various goods and services encumbered but not
received or paid for and therefore the related purchase orders must be carried over into FY
2013-14. The carryover of these appropriations is not an additional appropriation of funds but
merely a carryover of unexpended funds from the prior fiscal year.
Exhibit A lists operating expenditure purchase order carryovers in the amount of $622,143.68.
Capital Project Carryover Appropriations
When the budget for FY 2013-14 was submitted for approval by the City Council, it included new
appropriations for capital projects as well as estimated carryovers for existing projects. Often,
capital projects require more than one fiscal year for completion. Now that FY 2012-13 has been
closed, staff is able to compare the estimated carryovers already included in the FY 2013-14
budget and the actual amount of carryovers needed for each project. The amount already
carried over in the FY 2013-14 budget is $3,594,902.
Exhibit B lists City capital projects in progress at year-end that require an adjustment to the
carryover included in the adopted budget. The total net amount of the additional carry over for
capital projects for FY 2013-14 is $168,927.20.
Final FY 2012-13 Budaet Adiustments
The final estimate of Gas Tax revenue allocations to the City was lower than the amounts
included in the FY 2012-13 adopted budget due to adjustments made by the State of California
for past years' appropriations. As a result, the City is expected to receive approximately
$163,915.63 less than originally projected.
During the FY 2013-14 budget process, the new Law Enforcement Fund was created to capture
any realized savings from the Sheriff's Department contract to be used in future years to help
fund increases in the Sheriff's Department contract. There is a savings of $384,360.85 being
proposed to be transferred from the General Fund to the Law Enforcement Fund at June 30,
2013.
There are a few departments that require additional appropriations at June 30, 2013 due to
unforeseen expenditures being incurred. They are Information Systems ($9,799.63),
Community Services Administration ($20,389.17) and Park Operations ($44,002.74). Building
and Safety requires an additional appropriation at June 30, 2013 in the amount of $47,481.38
due to an increase in building permit activity which is offset by higher building permit revenue.
Other additional FY 2012-13 budget adjustments include an additional transfer from the General
Fund to the Lighting and Landscape Assessment Districts in the net amount of $2,714.28.
Assessment District 38 requires an additional $15,778.84, Assessment District 39 requires an
additional $13,812.27 and Assessment District 41 was under budget by $26,876.83.
Exhibit C lists all of the miscellaneous additional changes to the FY 2012-13 budget.
The adopted budget anticipated that the City would end the 2012-13 fiscal year with $16.7
million in General Fund reserves. It is now estimated that the General Fund reserves will be
nearly $17.1 million at June 30, 2013.
Attachments:
1. Exhibit A FY 2013/14 Operating Appropriations
2. Exhibit B FY 2013/14 Capital Project Appropriations
3. Exhibit C FY 2012/13 Final Miscellaneous Appropriation adjustments
PREPARED BY:
Dianna L. Honeywell
Finance Director
REVIEWED BY:
Finance Director
Assistant City Manager
CITY COUNCIL
Agenda #
Meeting Date: October 15, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
FROM: James DeStefano, City Mana e
TITLE: Fiscal Year 2013-14 Appropriation Adjustments for Carry Forward
Expenditures, Capital Project Carryovers and Fiscal Year 2012-13 Final
Adjustments
RECOMMENDATION:
Approve a budget adjustment carrying forward appropriations to FY 2013-14 for
previously encumbered goods and services in the amount of $622,143.68.
Approve a budget adjustment to carry forward capital project appropriations in the
amount of $168,927.20 to FY 2013-14.
Approve various final budget adjustments to FY 2012-13 for changes in the amount of
revenue to be received for Gas Tax funds, transfers to special funds and additional
appropriations in various accounts.
BACKGROUND:
Each fiscal year, the City Council adopts a budget and appropriates the funds included in that
budget. The City's budget policies state that prior year appropriations lapse unless they are
approved for carryover into the following fiscal year. Encumbrances for previously ordered
goods and services not received by June 30th must be carried over and re -appropriated in the
new fiscal year. After FY 2012-13 was closed, staff was able to determine which capital projects
were not completed by June 30th and should be carried over into the next fiscal year for
completion.
DISCUSSION:
Carry Forward of Operating Appropriations
At the end of fiscal year 2012-13 there were various goods and services encumbered but not
received or paid for and therefore the related purchase orders must be carried over into FY
2013-14. The carryover of these appropriations is not an additional appropriation of funds but
merely a carryover of unexpended funds from the prior fiscal year.
Exhibit A lists operating expenditure purchase order carryovers in the amount of $622,143.68.
Capital Proiect Carrvover Appropriations
When the budget for FY 2013-14 was submitted for approval by the City Council, it included new
appropriations for capital projects as well as estimated carryovers for existing projects. Often,
capital projects require more than one fiscal year for completion. Now that FY 2012-13 has been
closed, staff is able to compare the estimated carryovers already included in the FY 2013-14
budget and the actual amount of carryovers needed for each project. The amount already
carried over in the FY 2013-14 budget is $3,594,902.
Exhibit B lists City capital projects in progress at year-end that require an adjustment to the
carryover included in the adopted budget. The total net amount of the additional carry over for
capital projects for FY 2013-14 is $168,927.20.
Final FY 2012-13 Budget Adjustments
The final estimate of Gas Tax revenue allocations to the City was lower than the amounts
included in the FY 2012-13 adopted budget due to adjustments made by the State of California
for past years' appropriations. As a result, the City is expected to receive approximately
$163,915.63 less than originally projected.
During the FY 2013-14 budget process, the new Law Enforcement Fund was created to capture
any realized savings from the Sheriff's Department contract to be used in future years to help
fund increases in the Sheriff's Department contract. There is a savings of $384,360.85 being
proposed to be transferred from the General Fund to the Law Enforcement Fund at June 30,
2013.
There are a few departments that require additional appropriations at June 30, 2013 due to
unforeseen expenditures being incurred. They are Information Systems ($9,799.63),
Community Services Administration ($20,389.17) and Park Operations ($44,002.74). Building
and Safety requires an additional appropriation at June 30, 2013 in the amount of $47,481.38
due to an increase in building permit activity which is offset by higher building permit revenue.
Other additional FY 2012-13 budget adjustments include an additional transfer from the General
Fund to the Lighting and Landscape Assessment Districts in the net amount of $2,714.28.
Assessment District 38 requires an additional $15,778.84, Assessment District 39 requires an
additional $13,812.27 and Assessment District 41 was under budget by $26,876.83.
Exhibit C lists all of the miscellaneous additional changes to the FY 2012-13 budget.
The adopted budget anticipated that the City would end the 2012-13 fiscal year with $16.7
million in General Fund reserves. It is now estimated that the General Fund reserves will be
nearly $17.1 million at June 30, 2013.
2
Attachments:
1. Exhibit A FY 2013/14 Operating Appropriations
2. Exhibit B FY 2013/14 Capital Project Appropriations
3. Exhibit C FY 2012/13 Final Miscellaneous Appropriation adjustments
PREPARED BY:
Dianna L. Honeywell
Finance Director
REVIEWED BY:
Finance Director Assis ant its/ anager
CITY OF DIAMOND BAR
BUDGET CARRYOVER REQUEST
From FY: 2012-2013
To FY: 2013-2014
EXHIBIT A -PAGE 1 OF 5
4MM-11
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
Carryover Request
Amount
ADJUSTED lAssociated
BUDGET I#
PO
001-4070-46230
Computer Equip - Hardware
Prj 27113
Diamond Bar Center Improvements
28,653.48
130217
001-4070-46230
Computer Equip - Hardware
Pr' 27113
Diamond Bar Center Improvements
92.218.72
130218
ACCOUNT TOTAL
120,872.20
001-4093-44000
Civic Center- Professional Services
22,000.00
130081
001-4095-44000
Public Info - Professional Services
15,000.00
130300
001-4095-45000
Public Info - Contract Services
6.100.00
130333
ACCOUNT TOTAL
21,100.00
001-4096-44000
Econ Dev - Professional Services
49,000.00
130296
001-5210-44220
Comm Dev - PS - Planning General Plan
24,905.00
130161
001-5210-44220
Comm Dev - PS - Planning General Plan
6,678.00
120348
001-5210-44220
Comm Dev - PS - Planning General Plan
53,456.47
120355
ACCOUNT TOTAL
85,039.47
REASON FOR REQUEST:
Carryover FY 2012-2013 purchase orders for General Fund expenditures to FY 2013-14 budget
REQUESTED BY
FINANCE APPROVAL
CITY MANAGER APPROVAL
APPROVAL
DATE DEPARTMENTALAPPROVAL DATE
DATE DEPUTY CITY MOR APPROVAL DATE
DATE CITY COUNCIL APPROVAL DATE
CITY OF DIAMOND BAR
BUDGET CARRYOVER REQUEST
From FY: 2012-2013
To FY: 2013-2014
EXHIBIT A -PAGE 2 OF 5
BCR #
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
Carryover Request
Amount
ADJUSTED lAssoclated
BUDGET I#
PO
001-5333-46250
Diamond Bar Center - Misc Equip
4,520.00
130278
001-5333-46410
Diamond Bar Center - Capitallmprovements
6,420.79
130241
Proj 27313
Diamond Bar Center- Capital Improvements
131,702.75
130338
Diamond Bar Center - Capitallmprovements
23,959.89
130338
Diamond Bar Center - Capital Improvements
3,889.56
130301
Diamond Bar Center - Capital Improvements
16,688.42
130314
Diamond Bar Center - Capital Improvements
30.675.78
130315
ACCOUNT TOTAL
213,337.19
001-5350-45300
Recreation - Contract Services
1,269.00
130091
001-5510-44240
Public Works - PS - Environmental Svcs
19,505.00
130223
001-5510-R45227
Public Works - CS - Inspection
4,937.73
080215
001-5510-R45228
Public Works - CS - Inspection
6,791.65
080216
001-5510-R45229
Public Works - CS - Inspection
4,996.58
080270
ACCOUNT TOTAL
16,725.96
REASON FOR REQUEST:
Carryover FY 2012-2013 purchase orders for General Fund expenditures to FY 2013-14 budget
REQUESTED BY
FINANCE APPROVAL
CITY MANAGER APPROVAL
APPROVAL REQUIREMENTS
DATE DEPARTMENTAL APPROVAL DATE
DATE DEPUTY CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL DATE
CITY OF DIAMOND BAR
BUDGET CARRYOVER REQUEST
From FY: 2012-2013
To FY: 2013-2014
EXHIBIT A -PAGE 3 OF 5
BCR#
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
Carryover Request
Amount
ADJUSTED lAssociated
BUDGET I#
PO
001-5510-45227
Public Works - CS - Inspection
894.65
110297
001-5510-45227
Public Works - CS - Inspection
603.84
110202
001-5510-45227
Public Works - CS - Inspection
139.40
120324
001-5510-45227
Public Works - CS - Inspection
192.64
120427
001-5510-45227
Public Works - CS - Inspection
325.00
120237
001-5510-45227
Public Works - CS - Inspection
193.88
130328
001-5510-45227
Public Works - CS - Inspection
507,83
130330
001-5510-45227
Public Works - CS - Ins ection
164.87
120238
001-5510-45227
Public Works - CS - Inspection
2,484.64
120327
001-5510-45227
Public Works - CS - Inspection
2 197.86
120328
ACCOUNT TOTAL
7,704.61
001-5551-45221
Engineering - CS - Engineering
13,500.00
130332
001-5551-45221
Engineering - CS - Engineering
1,790.00
130297
001-5551-45221
Engineering - CS - En ineen I ng
2,788.52
130226
ACCOUNT TOTAL
18,078.52
001-5551-R45223
Engineering - CS - Plan Check
1,905.00
100244
REASON FOR REQUEST:
Carryover FY 2012-2013 purchase orders for General Fund expenditures to FY 2013-14 budget
REQUESTED BY
FINANCE APPROVAL
CN���diGPG[eLq:L199:iiPL•1�
APPROVAL REQUIREMENTS
DATE
DATE
DATE
DEPARTMENTALAPPROVAL DATE
DEPUTY CITY MGR APPROVAL DATE
CITY COUNCIL APPROVAL DATE
CITY OF DIAMOND BAR
BUDGET CARRYOVER REQUEST
From FY: 2012-2013
To FY: 2013-2014
EXHIBIT A -PAGE 4 OF 5
BCR#
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
Carryover Request >
Amount IBUDGET
ADJUSTED
Associated
PO #
001-5551-45223
Engineering - CS - Plan Check
62.41
130190
001-5551-45223
Engineering - CS - Plan Check
1,453.00
110246
001-5551-45223
Engineering - CS - Plan Check
1,530.16
- 120357
001-5551-45223
Engineering - CS - Plan Check
173.42
120323
001-5551-45223
Engineering - CS - Plan Check
237.98
130339
001-5551-45223
Engineering - CS - Plan Check
133.08
130340
001-5551-45223
Engineering - CS - Plan Check
1,099.39
130341
001-5551-45223
Engineering - CS - Plan Check
2,280.96
130342
001-5551-45223
Engineerin - CS - Plan Check
106.72
130263
001-5551-45223
Engineering - CS - Plan Check
7,396.26
130306
001-5551-45223
Engineering - CS - Plan Check
449.94
130326
001-5551-45223
Engineering - CS - Plan Check
813.75
130307
001-5551-45223
Engineering - CS - Plan Check
9,594.00
130308
001-5551-45223
Engineering - CS - Plan Check
4,660.00
1 130309
001-5551-45223
Engineering - CS - Plan Check
7,788.75
130310
001-5551-45223
Engineering - CS - Plan Check
335.58
130329
001-5551-45223
Engineering - CS - Plan Check
366.19
130327
ACCOUNT TOTAL
38,481.59
001-5554-41300
Road Maint - Small Tools & Equip
1,800.14
130323
001-5554-44520
Road Maint - PS - Engineering
805.00
130284
REQUEST:
Carryover FY 2012-2013 purchase orders for General Fund expenditures to FY 2013-14 budget
REQUESTED BY
FINANCE APPROVAL
CITY MANAGER APPROVAL
APPROVAL REQUIREMENTS
DATE DEPARTMENTALAPPROVAL DATE
DATE DEPUTY CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL DATE
CITY OF DIAMOND BAR
BUDGET CARRYOVER REQUEST
From FY: 2012-2013
To FY: 2013-2014
EXHIBIT A -PAGE 5 OF 5
BCR #
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
Carryover Request
" Amount
ADJUSTED lAssociated
BUDGET I#
'PO
113-5510-44000
Prop C - Professional Services
8,442.50
130334
116-5510-R44000
Traffic Impr Fund - Professional Services
103,153.02
120402
116-5510-R44000
Traffic Impr Fund - Professional Services
8,995.25
090348
ACCOUNTTOTAL
112,148.27
118-5098-42205
Air Quality Mgmt - Computer Maintenance
20,000.00
N/A
138-5538-44000
LLAD #38 - Professional Services
1,737.83
130311
139-5539-44000
LLAD #39 - Professional Services
1,969.54
130311
141-5541-44000
LLAD #41 - Professional Services
1,969.54
130311
141-5541-45519
LLAD #41 - CS - Weed Abatement
18,540.00
130295
530-4070-46230
Computer Replacement Fund - Hardware
50,000.00
130333
FOR REQUEST:
Carryover FY 2012-2013 purchase orders for Special Revenue Funds to FY 2013-14 budget
REQUESTED BY
FINANCE APPROVAL
CITY MANAGER APPROVAL
APPROVAL REQUIREMENTS
DATE DEPARTMENTALAPPROVAL DATE
DATE DEPUTY CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL DATE
CITY OF DIAMOND BAR
BUDGET CARRYOVER REQUEST
From FY: 2012-2013 EXHIBIT B -PAGE 1 OF 5
To FY: 2012-2013 BCR #
ACCOUNT
NUMBER
FUNDING SOURCE
ACCOUNT
DESCRIPTfON
CARRYOVER -
REQUESTAMOUNT
ADJUSTED
'BUDGET
ASSOCIATED'
PO#
Project 01413
110
Measure R
Residential Slurry
Seal -Area 1 B
62,905.27
Proj 23913
113
Prop C
Arterial Slurry Seal -
Zone 7
48,796.78
Proj 24313
111
Gas Tax
Collectors - Area 1 B
1,777.50
Proj 24313
001
General Fund
Collectors - Area 1 B
31,430.57
Proj 24813
(113)
Prop C
Traffic Signal System
Master Plan
14,984.58
Proj 26612
113
Prop C
Median Mod -
Grand/Summitridge
10,047.50
Proj 26613
113
Prop C
Median Mod -
DBB/Silver Hawk
8,000.00
177,942.20
REASON FOR REQUEST:
Carry Over of Appropriations for Capital Projects in Progess at 6/30/13
APPROVAL REQUIREMENTS
REQUESTED BY
FINANCE APPROVAL
CITY MANAGER APPROVAL
DATE DEPARTMENTALAPPROVAL DATE
DATE ASSISTANT CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL DATE
CITY OF DIAMOND BAR
BUDGET ADJUSTMENT REQUEST
EXHIBIT B -PAGE 2 OF 5
FY 13/14
BA #
ACCOUNT NUMBER
ACCOUNT DESCRIPTION '
INCREASE
(DECREASE)
ADJUSTED BUDGET
250-39110 Pro' 01413
Transfer In - CIP Fund
62,905.27
110-9915-49250 Pro'01413
Transfer Out- Measure R
62,905.27
250-5510-46411 Pro' 01413
Street Improvements
62,905.27
250-39113 Pro' 23913
Transfer In - CIP Fund
48,796.78
113-9915-49250 Pro' 23913
Transfer Out - Prop C
48,796.78
250-5510-46411 Pro' 23913
Street Improvements
48,796.78
250-39111 Pro' 24313
Transfer In - CIP Fund
1,777.50
250-39001 Proj 24313
Transfer In- CIP Fund
31,430.57
111-9915-49250 Pro' 24313
Transfer Out - Gas Tax
1,777.50
001-9915-49250 Proj 24313
Transfer Out - General Fund
31,430.57
250-5510-46411 Pro 24313
Street Improvements
31,430.57
250-39113 Pro' 24813
Transfer In - CIP Fund
14,984.58
113-9915-49250 Pro'24813
Transfer Out- Prop C
14,984.58
250-5510-46412 Pro' 24813
Traffic Control Improvements
14,984.58
REASON FOR REQUEST
1) Additional Carryover for Residential Slurry Seal Area 1 B
2) Additional Carryover for Arterial Slurry Seal Zone 7
3) Additional Carryover for Collectors Area 1 B
4) Additional Carryover for Traffic Signal System Master Plan
REQUESTED BY
FINANCE APPROVAL
CITY MANAGER APPROVAL
APPROVAL REQUIREMENTS
DATE DEPARTMENTALAPPROVAL DATE
DATE ASST. CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL- DATE
CITY OF DIAMOND BAR
BUDGET ADJUSTMENT REQUEST
EXHIBIT B-PAGE 3 OF 5
FY 13/14
BA #
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
INCREASE
DECREASE
ADJUSTED BUDGET
250-39113 Pro'26612
Transfer In - CIP Fund
10,047.50
113-9915-49250 Pro' 26612
Transfer Out - Prop C
10,047.50
250-5510-46416 Pro' 26612
Landscape & Irrigation Impr
10,047.50
250-39113 Pro' 26613
Transfer In - CIP Fund
8,000.00
113-9915-49250 Pro' 26613
Transfer Out - Prop C
8,000.00
250-5510-46420 Pro" 26613
Miscellaneous Improvements
8,000.00
REASON FOR REQUEST:
1) Additional Carryover for Median Modification Grand/Summitridge
2) Additional Carryover for Median Modification DBB/Silver Hawk
APPROVAL REQUIREMENTS
REQUESTED BY DATE DEPARTMENTALAPPROVAL DATE
FINANCE APPROVAL
CITY MANAGER APPROVAL
DATE ASST. CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL- DATE
CITY OF DIAMOND BAR
BUDGET CARRYOVER REQUEST
From FY: 2011-2012 EXHIBIT B -PAGE 4 OF 5
To FY: 2012-2013 BCR #
ACCOUNT
NUMBER
FUNDING SOURCE
ACCOUNT
DESCRIPTION
CARRYOVER
REQUESTAMOUNT
ADJUSTED °
'BUDGET
ASSOCIATED'
PO#
Project 25213
122
Quimby
Grandview Trail
Design
(496.00)
Project 25213
124
Park Dev Fund
Grandview Trail
Design
(8,519.00)
(9,015.00)
REASON FOR REQUEST:
Adjustment of Carry Over of Appropriations for Capital Projects in Progess at 6/30/13
APPROVAL REQUIREMENTS
REQUESTED BY
FINANCE APPROVAL
CITY MANAGER APPROVAL
DATE DEPARTMENTAL APPROVAL DATE
DATE ASSISTANT CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL DATE
CITY OF DIAMOND BAR
BUDGET ADJUSTMENT REQUEST
EXHIBIT B -PAGE 5 OF 5
FY 13/14
m-"
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
INCREASE
(DECREASE)
ADJUSTED BUDGET '-
250-39122 Proj 25213
Transfer In - CIP Fund
(496.00)
250-39124 Proj 25213
Transfer In - CIP Fund
(8,519.00
122-9915-49250 Pro' 25213
Transfer Out - Quimby
(496.00)
124-9915-49250 Proj 25213
Transfer Out - Park Dev Fund
(8,519.00)
250-5310-46415 Proj 25213
Miscellaneous Improvements
(9,015.00)
REASON FOR REQUEST:
1) Carryover Adjustment for Grandview Trail Design
APPROVAL REQUIREMENTS
REQUESTED BY DATE DEPARTMENTAL APPROVAL DATE
FINANCE APPROVAL
CITY MANAGER APPROVAL
DATE ASST. CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL- DATE
CITY OF DIAMOND BAR
BUDGET ADJUSTMENT REQUEST
EXHIBIT C FY 12/13
ACCOUNT NUMBER
ACCOUNT DESCRIPTION
INCREASE
(DECREASE)
ADJUSTED BUDGET
111-31705
Gas Tax 2105
10,340.04)
264,012.96
111-31710
Gas Tax 2106
3,116.54
188,116.54
111-31720
Gas Tax 2107
27,473.47
432,621.47
111-31731
HUTA
(184,165.60)
479,381.40
(163,915.63)
001-9915-49012
Gen Fund/Transfer Out
384,360.85
001-10100
Gen Fund/Cash
384,360.85)
012-10100
Law Enforce Fund/Cash
384,360.85
012-39001
Law Enforce Fund/Transfer In
(384,360.85)
001-4070-40010
Salaries
9,799.63
001-5310-40010
Salaries - CS Admin
10,027.96
001-5310-40030
Part Time Salaries
5,864.78
001-5310-42200
Equipment Maintenance
6,265.08
001-5340-40010
Salaries - Park Operations
2,406.86
001-5340-40030
Part Time Salaries
10,738.00
001-5340-42126
Utilities
35,166.54
REASON FOR REQUEST
1) To adjust the FY 2012-13 Gas Tax Fund revenue for revised estimates
2) Transfer of savings from Sheriffs Dept budget to Law Enforcement Fund
3) To adjust the FY 2012-13 Info Services salary budget for vacation/sick leave payoffs not previously budgeted
4) To adjust the FY 2012-13 Comm Services salary budget for vacation/sick leave payoffs not previously budgeted,
REQUESTED BY
FINANCE APPROVAL
CITY MANAGER APPROVAL
APPROVAL REQUIREMENTS
DATE DEPARTMENTALAPPROVAL DATE
DATE ASST, CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL- DATE
CITY OF DIAMOND BAR
BUDGET ADJUSTMENT REQUEST
EXHIBIT C FY 12/13
ACCOUNT NUMBER
ACCOUNT DESCRIPTION 4
;INCREASE'
(DECREASE)
ADJUSTED BUDGET
001-5220-45201
CS - Building & Safety
49,235.00
001-9915-49138
Gen Fund/Transfer Out
15,778.84
001-10100
Gen Fund/Cash
(15,778.84)
138-10100
Dist 38 Fund/Cash
15,778.84
138-39001
Dist 38 Fund/Transfer In
15,778.84
001-9915-49139
Gen Fund/Transfer Out
13,812.27
001-10100
Gen Fund/Cash
(13,812.27)
139-10100
Dist 39 Fund/Cash
13,812.27
139-39001
Dist 39 Fund/Transfer In
13,812.27
001-9915-49141
Gen Fund/Transfer Out
(26,876.83)
001-10100
Gen Fund/Cash
26,876.83
141-10100
Dist 39 Fund/Cash
(26,876.83)
141-39001
Dist 39 Fund/Transfer In
(26,876.83)
REASON FOR REQUEST
1) To adjust the FY 2012-13 Building & Safety budget for additional contract servcies related to
increased permit revenue
2) To transfer additional funds from the General Fund in FY 2012-13 budget for additional expenses in LLAD #38
3) To transfer additional funds from the General Fund in FY 2012-13 budget for additional expenses in LLAD #39
4) To transfer surplus funds back to the General Fund in FY 2012-13 budget for savinos in LLAD #41
APPROVAL REQUIREMENTS
REQUESTED BY DATE DEPARTMENTALAPPROVAL DATE
FINANCE APPROVAL
CITY MANAGER APPROVAL
DATE ASST. CITY MGR APPROVAL DATE
DATE CITY COUNCIL APPROVAL- DATE
CITY COUNCIL
Agenda # 8 , 3 (a)
Meeting Date: October 15, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
�
VIA: James DeStefano, City Ma 'a r
TITLE: APPROVE FIRST READING OF ORDINANCE NO. (XX)2013:
AMENDING DIVISION 5 OF CHAPTER 8.12 OF THE DIAMOND BAR
MUNICIPAL CODE RELATING TO STANDARD URBAN
STORMWATER MITIGATION PLAN (SUSMP) REQUIREMENTS BY
IMPOSING RAINWATER LOW IMPACT DEVELOPMENT (LID)
STRATEGIES ON PROJECTS THAT REQUIRE BUILDING, GRADING
AND ENCROACHMENT PERMITS
RECOMMENDATION:
Introduce and approve first reading by title only and waive full reading of Ordinance
()(X)2013.
FINANCIAL IMPACT:
The costs for the with implementation and maintenance of Best Management Practices
(BMP's) associated with the provisions of the proposed ordinance for development or re-
development projects will be borne by the developer/property owner.
BACKGROUND/DISCUSSION:
The Municipal Separate Storm Sewer System ("MS4") Permit (Order No. R4-2012-
0175), hereinafter referred to as "Permit", was adopted by the California Regional Water
Quality Control Board ("Board"), Los Angeles Region on November 8, 2012. The City is
a permittee under the Permit issued by the Board, which establishes waste discharge
requirements for MS4 discharges within the coastal watersheds of Los Angeles County,
except discharges originating from the City of Long Beach.
The MS4 Permit requires Permittees (Cities) electing to prepare a Watershed
Management Program or an Enhanced Watershed Management Program to
1
"demonstrate that there are Low Impact Development (LID) ordinances in place and/or
commence development of a LID ordinance(s) meeting the requirements of this Order's
Planning and Land Development Program". To lessen the water quality impacts, Low
Impact Development "consists of building and landscape features designed to retain or
filter stormwater runoff'. These treatment systems work to reduce pollutant levels from
their associated drainage area to improve the quality of runoff. The installation of these
treatment systems can be low-cost and generally require low -maintenance, often being
incorporated into the onsite landscape theme.
Development projects subject to the City's conditioning and approval for the design and
implementation of post -construction controls to mitigate storm water pollution, prior to
completion of the project(s), are as follows:
(1) All development projects equal to 1 acre or greater of disturbed area
that adds more than 10,000 square feet of impervious surface area.
(2) Industrial parks 10,000 square feet or more of surface area.
(3) Commercial malls 10,000 square feet or more of surface area.
(4) Retail gasoline outlets with 5,000 square feet or more of surface area.
(5) Restaurants (Standard Industrial Classification (SIC) of 5812) with
5,000 square feet or more of surface area.
(6) Parking lots with 5,000 square feet or more of impervious surface area,
or with 25 or more parking spaces.
(7) Streets and roads construction of 10,000 square feet or more of
impervious surface area. Street and road construction applies to
standalone streets, roads, highways, and freeway projects, and also
applies to streets within larger projects.
(8) Automotive service facilities (Standard Industrial Classification (SIC) of
5013, 5014, 5511, 5541, 7532-7534 and 7536-7539) 5,000 square feet
or more of surface area.
(9) Projects located in or directly adjacent to, or discharging directly to an
Environmentally Sensitive Area (ESA), where the development will:
a. Discharge stormwater runoff that is likely to impact a sensitive
biological species or habitat; and
b. Create 2,500 square feet or more of impervious surface area
(10) Single-family hillside homes.
2
(11) Redevelopment projects
a. Land disturbing activity that results in the creation or addition or
replacement of 5,000 square feet or more of impervious surface
area on an already developed site on Planning Priority Project
categories.
b. Where Redevelopment results in an alteration to more than fifty
percent of impervious surfaces of a previously existing
development, and the existing development was not subject to
post -construction stormwater quality control requirements, the
entire project must be mitigated.
c. Where Redevelopment results in an alteration of less than fifty
percent of impervious surfaces of a previously existing
development, and the existing development was not subject to
post -construction stormwater quality control requirements, only the
alteration must be mitigated, and not the entire development.
d. Redevelopment does not include routine maintenance activities that
are conducted to maintain original line and grade, hydraulic
capacity, original purpose of facility or emergency redevelopment
activity required to protect public health and safety. Impervious
surface replacement, such as the reconstruction of parking lots and
roadways which does not disturb additional area and maintains the
original grade and alignment, is considered a routine maintenance
activity. Redevelopment does not include the repaving of existing
roads to maintain original line and grade.
e. Existing single-family dwelling and accessory structures are exempt
from the Redevelopment requirements unless such projects create,
add, or replace 10,000 square feet or more of impervious surface
area.
A Standard Urban Stormwater Mitigation Plan (SUSMP) was required for development
and redevelopment projects under the previous permit that was adopted in December
2000. Projects that would require a SUSMP in past years remain the same as those
that will fall under LID requirements, with some modifications. As an example,
Commercial and Industrial Development projects previously fell under the SUSMP
requirements for 100,000 SF or more of surface area and will now have tighter
thresholds of 10,000 SF of surface area under the new LID requirements. Additionally,
street construction of 10,000 SF or more of impervious surface area will fall under the
new LID requirements where it had previously not been identified as a requirement
under the past SUSMP requirements. And finally, existing single family dwelling and
accessory structures were completely exempt from SUSMP requirements but are now
required under LID requirements with a threshold of 10,000 SF or more of surface area.
3
The goals of Low Impact Development include: (1) reducing the amounts of pollutants in
stormwater and urban runoff, (2) development of specifications for low cost treatment
systems that are easy for the property owner to install, and (3) encouraging property
owners to select treatment systems that are easy to maintain and thus minimizing the
need for City enforcement. One major intent of LID is to retain storm water on-site by
infiltration back into the ground replenishing groundwater. However, in areas where it is
deemed infeasible to infiltrate due to geotechnical constraints (i.e., poor soil
characteristics such as those common in Diamond Bar) biotreatment or biofiltration will
be required directing storm water through landscape to naturally "filter" the water before
entering the storm drain system.
Staff recommends the City Council approve the first reading by title only and waive full
reading of Ordinance No.2013-XX of the City Council of the City of Diamond Bar
Amending Division 5 of Chapter 8.12 of the Diamond Bar Municipal Code relating to
Stanrdard Urban Stormwater Mitigation Plan (SUSMP) Requirements by Imposing
Rainwater Low Impact Development (LID) Strategies on Projects that require Building,
Grading and Encroachment Permits.
PREPARED BY: DATE PREPARED:
Kimberly M. Young, Associate Engineer October 8, 2013
REVIEW
E
a,
David G. Liu ire or of Public Works
Attachments: (A) Ordinance No. (XX) 2013, Amending Division 5 of Chapter
8.12 of the DBMC
4
A7Na71.Ie1i•us] =1 ki [03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, AMENDING DIVISION
5 OF CHAPTER 8.12 OF THE DIAMOND BAR MUNICIPAL
CODE RELATING TO STANDARD URBAN STORM
WATER MITIGATION PLAN (SUSMP) REQUIREMENTS
BY IMPOSING RAINWATER LOW IMPACT
DEVELOPMENT (LID) STRATEGIES ON PROJECTS
THAT REQUIRE BUILDING, GRADING AND
ENCROACHMENT PERMITS
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA,
HEREBY FINDS AND DETERMINES AS FOLLOWS:
A. The federal Clean Water Act establishes Regional Water Quality
Control Boards in order to prohibit the discharge of pollutants in stormwater runoff to
waters of the United States.
B. The City is a permittee under the permit issued by the California
Regional Water Quality Control Board, Los Angeles Region Order No. R4-2012-0175,
on November 08, 2012 which permit establishes Waste Discharge Requirements for
Municipal Separate Storm Sewer Systems (MS4) Discharges within the Coastal
Watersheds of Los Angeles County, except discharges originating from the City of Long
Beach MS4.
C. Order No. R4-2012-0175 ("Order") contains requirements for the
City to establish a Low Impact Development (LID) Ordinance in order to participate in a
Watershed Management Program and/or Enhanced Watershed Management Program.
D. The Regional Board has adopted Total Maximum Daily Loads
(TMDLs) for pollutants which are numerical discharge limits that must be achieved
effectively through LID implementation.
E. The City has the authority under the California Water Code to adopt
and enforce ordinances imposing conditions, restrictions and limitations with respect to
activity that might degrade waters of the State.
F. The City has a stormwater management program that protects
water quality and water supply by employing watershed -based approaches that balance
environmental and economic considerations.
G. Urbanization has led to increased impervious surface areas
resulting in increased water runoff and less percolation to groundwater aquifers causing
the transport of pollutants to downstream receiving waters.
H. As required by the Order the City is expanding the applicability of
the existing LID requirements by providing stormwater and rainwater LID strategies for
all projects development and redevelopment projects.
1
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR,
CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1: Subsection (d) of Section 8.12.1620 entitled "Findings", is deleted in its
entirety and replaced with the following:
"(d) The City is a permittee under the permit issued by the California Regional
Water Quality Control Board, Los Angeles Region Order No. R4-2012-0175, on
November 08, 2012, which permit establishes Waste Discharge Requirements for
Municipal Separate Storm Sewer Systems (MS4) Discharges within the Coastal
Watersheds of Los Angeles County, except discharges originating from the City of Long
Beach MS4 and as a permittee the City is required to implement procedures with
respect to the entry of specified water discharges into the municipal storm water
system."
Section 2: Section 8.12.1640 entitled "Definitions", is amended to add or replace the
following definitions, which definitions shall be placed in alphabetical order along with
the existing definitions of Section 8.12.1640. The following existing definitions in
Section 8.12.1640 shall be deleted in their entirety: Automotive service facilities, Best
Management Practice, Construction, Discharge, Municipal NPDES Permit, Municipal
Separate Storm Sewer System or MS4, Parking lot, Pollutant, Project, Redevelopment,
Standard Urban Storm Water Mitigation Plan or SUSMP and Urban runoff. If the
definition of any term contained in Section 8.12.1640 conflicts with the definition of the
same term in Order No. R4-2012-0175, then the definition contained in Order No. R4-
2012-0175 shall govern.
Automotive Service Facility means a facility that is categorized in any one
of the following Standard Industrial Classification (SIC) and North American Industry
Classification System (NAICS) codes. For inspection purposes, Permittees need not
inspect facilities with SIC codes 5013, 5014, 5511, 5541, 7532-7534, and 7536-7539
provided that these facilities have no outside activities or materials that may be exposed
to stormwater.
Basin Plan means the Water Quality Control Plan, Los Angeles Region,
Basin Plan for the Coastal Watersheds of Los Angeles and Ventura Counties, adopted
by the Regional Water Board on June 13, 1994 and subsequent amendments.
Best Management Practice (BMP) means practices or physical devices or
systems designed to prevent or reduce pollutant loading from stormwater or non-
stormwater discharges to receiving waters, or designed to reduce the volume of
stormwater or non-stormwater discharged to the receiving water.
Biofiltration means a LID BMP that reduces stormwater pollutant
discharges by intercepting rainfall on vegetative canopy, and through incidental
infiltration and/or evapotranspiration, and filtration. Incidental infiltration is an important
factor in achieving the required pollutant load reduction. Therefore, the term
"biofiltration" as used in this Chapter 8.12 is defined to include only systems designed to
facilitate incidental infiltration or achieve the equivalent pollutant reduction as
biofiltration BMPs with an underdrain (subject to approval by the Regional Board's
Executive Officer). Biofiltration BMPs include bioretention systems with an underdrain
and bioswales.
Bioretention means a LID BMP that reduces stormwater runoff by
intercepting rainfall on vegetative canopy, and through evapotranspiration and
infiltration. The bioretention system typically includes a minimum 2-foot top layer of a
specified soil and compost mixture underlain by a gravel-filled temporary storage pit dug
into the in-situ soil. As defined in this Ordinance, a bioretention BMP may be designed
with an overflow drain, but may not include an underdrain. When a bioretention BMP is
designed or constructed with an underdrain it is regulated by Order No. R4-2012-0175
as biofiltration.
Bioswale means a LID BMP consisting of a shallow channel lined with
grass or other dense, low-growing vegetation. Bioswales are designed to collect
stormwater runoff and to achieve a uniform sheet flow through the dense vegetation for
a period of several minutes.
Commercial Malls means any development on private land comprised of
one or more buildings forming a complex of stores which sells various merchandise,
with interconnecting walkways enabling visitors to easily walk from store to store, along
with parking area(s). A commercial mall includes, but is not limited to: mini-malls, strip
malls, other retail complexes, and enclosed shopping malls or shopping centers.
Construction Activity means any construction or demolition activity,
clearing, grading, grubbing, or excavation or any other activity that result in land
disturbance. Construction does not include emergency construction activities required to
immediately protect public health and safety or routine maintenance activities required
to maintain the integrity of structures by performing minor repair and restoration work,
maintain the original line and grade, hydraulic capacity, or original purposes of the
facility. See "Routine Maintenance" definition for further explanation. Where clearing,
grading or excavating of underlying soil takes place during a repaving operation, State
General Construction Permit coverage by the State of California General Permit for
Storm Water Discharges Associated with Industrial Activities or for Stormwater
Discharges Associated with Construction Activities is required if more than one acre is
disturbed or the activities are part of a larger plan.
Discharge means any release, spill, leak, pump, flow, escape, dumping, or
disposal of any liquid, semi-solid, or solid substance.
Flow-through treatment BMPs means a modular, vault type "high flow
biotreatment' devices contained within an impervious vault with an underdrain or
designed with an impervious liner and an underdrain.
Full Capture System means any single device or series of devices,
certified by the Executive Officer, that traps all particles retained by a 5 mm mesh
screen and has a design treatment capacity of not less than the peak flow rate Q
resulting from a one-year, one-hour storm in the sub-drainage area.
General Construction Activities Storm Water Permit (GCASP) means the
general NPDES permit adopted by the State Board which authorizes the discharge of
stormwater from construction activities under certain conditions.
3
General Industrial Activities Storm Water Permit (GIASP) means the
general NPDES permit adopted by the State Board which authorizes the discharge of
stormwater from certain industrial activities under certain conditions.
Green Roof means a LID BMP using planter boxes and vegetation to
intercept rainfall on the roof surface. Rainfall is intercepted by vegetation leaves and
through evapotranspiration. Green roofs may be designed as either a bioretention BMP
or as a biofiltration BMP. To receive credit as a bioretention BMP, the green roof system
planting medium shall be of sufficient depth to provide capacity within the pore space
volume to contain the design storm depth and may not be designed or constructed with
an underdrain.
Industrial/Commercial Facility means any facility involved and/or used in
the production, manufacture, storage, transportation, distribution, exchange or sale of
goods and/or commodities, and any facility involved and/or used in providing
professional and non-professional services. This category of facilities includes, but is
not limited to, any facility defined by either the Standard Industrial Classifications (SIC)
or the North American Industry Classification System (NAICS). Facility ownership
(federal, state, municipal, private) and profit motive of the facility are not factors in this
definition).
Industrial Park means land development that is set aside for industrial
development. Industrial parks are usually located close to transport facilities, especially
where more than one transport modalities coincide: highways, railroads, airports, and
navigable rivers. It includes office parks, which have offices and light industry.
Infiltration BMP means a LID BMP that reduces stormwater runoff by
capturing and infiltrating the runoff into in-situ soils or amended onsite soils. Examples
of infiltration BMPs include infiltration basins, dry wells, and pervious pavement.
Low Impact Development (LID) consists of building and landscape
features designed to retain or filter stormwater runoff.
Municipal Separate Storm Sewer System (MS4) means a conveyance or
system of conveyances (including roads with drainage systems, municipal streets, catch
basins, curbs, gutters, ditches, manmade channels, or storm drains):
(i) Owned or operated by a State, city, town, borough, county, parish,
district, association, or other public body (created by or pursuant to
State law) having jurisdiction over disposal of sewage, industrial
wastes, stormwater, or other wastes, including special districts
under State law such as a sewer district, flood control district or
drainage district, or similar entity, or an Indian tribe or an authorized
Indian tribal organization, or a designated and approved
management agency under section 208 of the CWA that
discharges to waters of the United States;
(ii) Designed or used for collecting or conveying stormwater;
(iii) Which is not a combined sewer; and
(iv) Which is not part of a Publicly Owned Treatment Works (POTW) as
defined at 40 CFR Section 122.2.
(40 CFR Section 122.26(b) (8)).
National Pollutant Discharge Elimination System (NPDES) means the
national program for issuing, modifying, revoking and reissuing, terminating, monitoring
and enforcing permits, and imposing and enforcing pretreatment requirements, under
CWA Section 307, 402, 318, and 405. The term includes an "approved program".
Natural Drainage System means a drainage system that has not been
improved (e.g., channelized or armored). The clearing or dredging of a natural drainage
system does not cause the system to be classified as an improved drainage system.
Outfall means a point source as defined by 40 CFR 122.2 at the point
where a municipal separate storm sewer discharges to waters of the United States and
does not include open conveyances connecting two municipal separate storm sewers,
or pipes, tunnels or other conveyances with connect segments of the same stream or
other waters of the United Sates and are used to convey waters of the United States.
(40 CFR Section 122.26(b) (9)).
Parking Lot means land area or facility for the parking or storage of motor
vehicles used for businesses, commerce, industry, or personal use, with a lot size of
5,000 square feet or more of surface area, or with 25 or more parking spaces.
Pollutant means any "pollutant' defined in Section 502(6) of the Federal
Clean Water Act or incorporated into the California Water Code Section 1337.
Project means all development, redevelopment, and land disturbing
activities. The term is not limited to "Project' as defined under CEQA (Pub. Resources
Code Section 21065).
Rainfall Harvest and Use means a LID BMP system designed to capture
runoff, typically from a roof but can also include runoff capture from elsewhere within the
site, and to provide for temporary storage until the harvested water can be used for
irrigation or non -potable uses. The harvested water may also be used for potable water
uses if the system includes disinfection treatment and is approved for such use by the
local building department.
Receiving Water means "water of the United States" into which waste
and/or pollutants are or may be discharged.
Redevelopment means land -disturbing activity that results in the creation,
addition, or replacement of 5,000 square feet or more of impervious surface area on an
already developed site. Redevelopment includes, but is not limited to: the expansion of
a building footprint; addition or replacement of a structure; replacement of impervious
surface area that is not part of routine maintenance activity; and land disturbing activity
related to structural or impervious surfaces. It does not include routine maintenance to
maintain original line and grade, hydraulic capacity, or original purpose of facility, nor
does it include emergency construction activities required to immediately protect public
health and safety.
Routine Maintenance" includes, but is not limited to projects conducted to:
s
1. Maintain the original line and grade, hydraulic capacity, or original
purpose of the facility.
2. Perform as needed restoration work to preserve the original design
grade, integrity and hydraulic capacity of flood control facilities.
3. Includes road shoulder work, regrading dirt or gravel roadways and
shoulders and performing ditch cleanouts.
4. Update existing lines* and facilities to comply with applicable codes,
standards, and regulations regardless if such projects result in
increased capacity.
5. Repair leaks
Routine maintenance does not include construction of new** lines or
facilities resulting from compliance with applicable codes, standards and
regulations.
* Update existing lines includes replacing existing lines with new materials
or pipes.
** New lines are those that are not associated with existing facilities and
are not part of a project to update or replace existing lines.
Significant Ecological Areas (SEAs) means an area that is determined to
possess an example of biotic resources that cumulatively represent biological diversity,
for the purposes of protecting biotic diversity, as part of the Los Angeles County
General Plan. Areas are designated as SEAs, if they possess one or more of the
following criteria:
1. The habitat of rare, endangered, and threatened plant and animal
species.
2. Biotic communities, vegetative associations, and habitat of plant and
animal species that are either one of a kind, or are restricted in
distribution on a regional basis.
3. Biotic communities, vegetative associations, and habitat of plant and
animal species that are either one of a kind or are restricted in
distribution in Los Angeles County.
4. Habitat that at some point in the life cycle of a species or group of
species, serves as a concentrated breeding, feeding, resting, migrating
grounds and is limited in availability either regionally or within Los
Angeles County.
5. Biotic resources that are of scientific interest because they are either
an extreme in physical/geographical limitations, or represent an
unusual variation in a population or community.
6. Areas important as game species habitat or as fisheries.
7. Areas that would provide for the preservation of relatively undisturbed
examples of natural biotic communities in Los Angeles County.
8. Special areas.
Storm Drain System means any facility or any parts of the facility,
including streets, gutters, conduits, natural or artificial drains, channels and watercourse
that are used for the purpose of collecting, storing, transporting or disposing of
stormwater and are located within the City.
Storm Water or Stormwater means runoff and drainage related to
precipitation events (pursuant to 40 CFR Section 122.26(b)(13); 55 Fed. Reg. 47990,
47995 (Nov. 16, 1990)).
Urban Runoff means surface water flow produced by storm and non -storm
events. Non -storm events include flow from residential, commercial or industrial
activities involving the use of potable and non -potable water."
Section 3: The second sentence of Section 8.12.1690(b) is amended to read as
follows:
"The following shall apply to all construction activities within the City not
otherwise governed by Section 8.12.1695 of this Code and such construction activities
shall be required from the time of land clearing, demolition or commencement of
construction until receipt of a certificate of occupancy:"
Section 4: Section 8.12.1695, entitled "Standard Urban Storm Water Mitigation Plan
((SUSMP"), is deleted in its entirety and replaced with the following:
"Section 8.12.1695. — Low Impact Development Measures for New Development and/or
Redevelopment Planning and Construction Activities.
(a) Objective. The provisions of this Section establish requirements for construction
activities and facility operations of Development and Redevelopment projects to
comply with the current "Order No. R4-2012-0175," lessen the water quality impacts
of development by using smart growth practices, and integrate LID practices and
standards for stormwater pollution mitigation through means of infiltration,
evapotranspiration, biofiltration, and rainfall harvest and use. LID shall be inclusive
of new development and/or redevelopment requirements.
(b) Scope. This Section contains requirements for stormwater pollution control
measures in Development and Redevelopment projects and authorizes the City to
further define and adopt stormwater pollution control measures, and to develop LID
principles and requirements, including but not limited to the objectives and
specifications for integration of LID strategies, grant waivers from the LID
requirements, and collect funds for Projects that are granted waivers. Except as
otherwise provided herein, the City shall administer, implement and enforce the
provisions of this Section.
(c) Applicability. Development projects subject to Permittee conditioning and
approval for the design and implementation of post -construction controls to mitigate
storm water pollution, prior to completion of the project(s), are:
(1) All development projects equal to 1 acre or greater of disturbed area that
adds more than 10,000 square feet of impervious surface area.
(2) Industrial parks 10,000 square feet or more of surface area.
(3) Commercial malls 10,000 square feet or more of surface area.
(4) Retail gasoline outlets with 5,000 square feet or more of surface area.
(5) Restaurants (Standard Industrial Classification (SIC) of 5812) with 5,000
square feet or more of surface area.
(6) Parking lots with 5,000 square feet or more of impervious surface area, or
with 25 or more parking spaces.
(7) Streets and roads construction of 10,000 square feet or more of impervious
surface area. Street and road construction applies to standalone streets,
roads, highways, and freeway projects, and also applies to streets within
larger projects.
(8) Automotive service facilities (Standard Industrial Classification (SIC) of 5013,
5014, 5511, 5541, 7532-7534 and 7536-7539) 5,000 square feet or more of
surface area.
(9) Projects located in or directly adjacent to, or discharging directly to an
Environmentally Sensitive Area (ESA), where the development will:
a. Discharge stormwater runoff that is likely to impact a sensitive biological
species or habitat; and
b. Create 2,500 square feet or more of impervious surface area
(10)Single-family hillside homes.
(11)Redevelopment Projects
a. Land disturbing activity that results in the creation or addition or
replacement of 5,000 square feet or more of impervious surface area on
an already developed site on Planning Priority Project categories.
b. Where Redevelopment results in an alteration to more than fifty percent of
impervious surfaces of a previously existing development, and the existing
development was not subject to post -construction stormwater quality
control requirements, the entire project must be mitigated.
c. Where Redevelopment results in an alteration of less than fifty percent of
impervious surfaces of a previously existing development, and the existing
development was not subject to post -construction stormwater quality
control requirements, only the alteration must be mitigated, and not the
entire development.
d. Redevelopment does not include routine maintenance activities that are
conducted to maintain original line and grade, hydraulic capacity, original
purpose of facility or emergency redevelopment activity required to protect
public health and safety. Impervious surface replacement, such as the
reconstruction of parking lots and roadways which does not disturb
additional area and maintains the original grade and alignment, is
considered a routine maintenance activity. Redevelopment does not
include the repaving of existing roads to maintain original line and grade.
e. Existing single-family dwelling and accessory structures are exempt from
the Redevelopment requirements unless such projects create, add, or
replace 10,000 square feet of impervious surface area.
(d) Effective Date. The Planning and Land Development requirements contained in
Section 7 of Order No. R4-2012-0175 shall become effective 90 days from the
adoption of the Order (February 6, 2013). This includes Planning Priority Projects
that are discretionary permit projects or project phases that have not been deemed
complete for processing, or discretionary permit projects without vesting tentative
maps that have not requested and received an extension of previously granted
approvals within 90 days of adoption of the Order. Projects that have been deemed
complete within 90 days of adoption of the Order are not subject to the requirements
of Section 7.
(e) Specific Requirements. The Site for every Project shall be designed to control
pollutants, pollutant loads, and runoff volume to the maximum extent feasible by
minimizing impervious surface area and controlling runoff from impervious surfaces
through infiltration, evapotranspiration, bioretention and/or rainfall harvest and use.
(1) A new single-family hillside home development shall include mitigation
measures to:
a. Conserve natural areas;
b. Protect slopes and channels;
c. Provide storm drain system stenciling and signage;
Divert roof runoff to vegetated areas before discharge unless the diversion
would result in slope instability; and
e. Direct surface flow to vegetated areas before discharge, unless the
diversion would result in slope instability.
(2) Street and road construction of 10,000 square feet or more of impervious
surface shall follow USEPA guidance regarding Managing Wet Weather with
Green Infrastructure: Green Streets (December 2008 EPA -833-F-08-009) to
the maximum extent practicable.
(3) The remainder of Projects shall prepare a LID Plan to comply with the
following:
a. Retain stormwater runoff onsite for the Stormwater Quality Design Volume
(SWQDv) defined as the runoff from:
i. The 85th percentile 24-hour runoff event as determined from the Los
Angeles County 85th percentile precipitation isohyetal map; or
ii. The volume of runoff produced from a 0.75 inch, 24-hour rain event,
whichever is greater.
b. Minimize hydromodification impacts to natural drainage systems as defined
in Order No. R4-2012-0175.
c. To demonstrate technical infeasibility, the project applicant must
demonstrate that the Project cannot reliably retain 100 percent of the
SWQDv on-site, even with the maximum application of green roofs and
rainwater harvest and use, and that compliance with the applicable post -
construction requirements would be technically infeasible by submitting a
site-specific hydrologic and/or design analysis conducted and endorsed by
a registered professional engineer, geologist, architect, and/or landscape
architect. Technical infeasibility may result from conditions including the
following:
i. The infiltration rate of saturated in-situ soils is less than 0.3 inch per
hour and it is not technically feasible to amend the in-situ soils to attain
an infiltration rate necessary to achieve reliable performance of
infiltration or bioretention BMPs in retaining the SWQDv onsite.
ii. Locations where seasonal high groundwater is within five to ten feet of
surface grade;
iii. Locations within 100 feet of a groundwater well used for drinking water;
iv. Brownfield development sites or other locations where pollutant
mobilization is a documented concern;
V. Locations with potential geotechnical hazards;
vi. Smart growth and infill or redevelopment locations where the density
and/ or nature of the project would create significant difficulty for
compliance with the onsite volume retention requirement.
d. If partial or complete onsite retention is technically infeasible, the project
Site may biofiltrate 1.5 times the portion of the remaining SWQDv that is
not reliably retained onsite. Biofiltration BMPs must adhere to the design
specifications provided in Order No. R4-2012-0175.
Additional alternative compliance options such as offsite infiltration and
groundwater replenishment projects may be available to the project
Site. The Project Site should contact the City to determine eligibility.
e. The remaining SWQDv that cannot be retained or biofiltered onsite must be
treated onsite to reduce pollutant loading. BMPs must be selected and
designed to meet pollutant -specific benchmarks as required per Order No.
R4-2012-0175. Flow-through BMPs may be used to treat the remaining
SWQDv and must be sized based on a rainfall intensity of:
i. 0.2 inches per hour, or
ii. The one year, one-hour rainfall intensity as determined from the most
recent Los Angeles County isohyetal map, whichever is greater."
Section 5: VALIDITY. If any provision of this Ordinance is found to be unconstitutional
or otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect
10
the remaining provisions of this Ordinance which provisions are declared to be
severable from those found to be unconstitutional or otherwise invalid.
Section 6: EFFECTIVE DATE. This ordinance shall go into effect and be in full force
and operation from and after thirty (30) days after its final passage and adoption.
Section 7: The City Clerk shall certify to the passage and adoption of this Ordinance
and shall post a certified copy of this Ordinance, together with the vote for and against
the same, in the Office of the City Clerk.
PASSED, APPROVED AND ADOPTED THIS DAY OF BY
THE CITY COUNCIL OF THE CITY OF DIAMOND BAR.
3i
Jack Tanaka, Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Ordinance was duly introduced at a regular meeting of the City Council of the
City of Diamond Bar held on the day of , 2013 and was finally passed at a
regular meeting of the City Council held on the day of _, 2013, by the following
vote:
ATTEST:
AYES:
Council Members:
NOES:
Council Members:
ABSENT:
Council Members:
ABSTAIN:
Council Members:
Tommye Cribbins, City Clerk
City of Diamond Bar
11
CITY COUNCIL
Agenda # 8 , 3 (b)
Meeting Date: October 15, 2013
AGENDA REPORT
TO: Honorable Mayor and Members of the City Council
r
VIA: James DeStefano, City M n
TITLE: A RESOLUTION OF THE Cl Y COUNCIL OF THE CITY OF
DIAMOND BAR, CALIFORNIA, APPROVING A GREEN STREETS
MANUAL FOR NEW CONSTRUCTION AND RECONSTRUCTION
OF ROAD PROJECTS
RECOMMENDATION:
Approve.
;I1►/e111[d/e1ah41:7eC01A
There is no direct fiscal impact to the City from adopting this Resolution.
BACKGROUND/DISCUSSION:
The Municipal Separate Storm Sewer System (MS4) Permit (Order No. R4-2012-0175)
hereinafter referred to as "MS4 Permit", was adopted by the California Regional Water
Quality Control Board, Los Angeles Region on November 8, 2012. The permit requires
Permittees electing to prepare a Watershed Management Program or an Enhanced
Watershed Management Program to demonstrate that there are green streets
policies/manual in place that specifies the use of green street strategies for
transportation corridors to reduce contaminants in runoff to improve water quality in
waterways. Transportation corridors are defined as a major road or street that conveys
automobile, truck and buses. The draft green streets manual attached as Exhibit B was
prepared in June 2013 in order to meet the required June 28, 2013 deadline established
by the Permit.
The MS4 Permit includes a reference to the USEPA Publication Managing Wet Weather
with Green Infrastructure: Green Streets. The City of Diamond Bar's Green Streets
Manual was developed based on the USEPA document, and provides guidance for
1
designers, engineers and contractors working on projects within the City of Diamond
Bar.
Roads represent a significant percentage of the impervious area and therefore generate
a substantial amount of runoff from storm events. Traditionally, street design has
focused on removing water from the street as quickly as possible and transferring it to
storm drains. But storm water can contain bacteria and other pollutants that can pollute
the ocean as all of storm drains within the City drain directly to the ocean. Green
Streets will help to transform the design of streets from the conventional method of
moving water off-site as quickly as possible to a method of storing and treating water
on-site for a cleaner discharge into the waters of the U.S.
Green streets can incorporate a wide variety of design elements including street trees,
permeable pavements, bioretention, and swales. Although the design and appearance
of green streets will vary, the functional goals are the same; provide source control of
stormwater, limit its transport and pollutant conveyance to the storm drain system,
restore pre -development hydrology to the maximum extent practicable, and provide
environmentally enhanced roads.
By adopting this resolution, the City shall require projects within one of three categories
below to follow the City of Diamond Bar's Green Streets Manual:
1. Street widening and road construction of 10,000 square feet or more of
impervious surface area in areas within a transportation corridor.
2. Street and road improvements resulting in the creation or addition or replacement
of 5,000 square feet or more of impervious surface area on an already developed
site. Redevelopment or improvements do not include routine maintenance
activities that are conducted to maintain original line and grade, hydraulic
capacity, original purpose of facility or emergency redevelopment activity
required to protect public health and safety. Impervious surface replacement,
such as the reconstruction of parking lots and roadways which does not disturb
additional area and maintains the original grade and alignment, is considered a
routine maintenance activity. Redevelopment does not include the repaving of
existing roads to maintain original line and grade.
3. For projects not listed above, as determined by the Director of Public Works
The Director of Public Works is authorized to modify the City of Diamond Bar's Green
Streets Manual from time to time for work within designated transportation corridors to
ensure consistency with the latest requirements of the MS4 Permit.
Staff recommends Council approve the Resolution adopting a Green Streets Manual for
new construction and reconstruction of road projects.
2
PREPARED BY:
Kimberly M. Young, Associate Engineer
REVIEW
Dav . Liu, Director of Public Works
DATE PREPARED:
October 8, 2013
Attachments: (A) Resolution 2013 -XX Approving a Green Streets Manual
(B) City of Diamond Bar Green Streets Manual
RESOLUTION NO. 2013-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DIAMOND BAR, CALIFORNIA, APPROVING A
GREEN STREETS MANUAL
The City Council of the City of Diamond Bar, California, does hereby find,
resolve, and determine as follows:
Section 1. The Municipal Separate Storm Sewer System (MS4) Permit
(Order No. R4-2012-0175) was adopted by the California Regional Water Quality
Control Board, Los Angeles Region on November 8, 2012. Municipalities electing to
prepare a Watershed Management Program or an Enhanced Watershed Management
Program under this Permit are required to demonstrate that Green Street
policies/manual are in place to specify the use of green street strategies for
transportation corridors.
Section 2. Green streets are enhancements to street and road projects
to improve the quality of storm water and urban runoff through the implementation of
infiltration, bio -treatment, xeriscaping parkways and tree lined streets.
Section 3. That the City Council of the City of Diamond Bar, California,
hereby directs the Director of Public Works to implement Green Streets for
transportation corridors as described in the City of Diamond Bar Green Streets Manual.
The Green Streets Manual is shown as Exhibit "A", which is attached hereto and
incorporated herein by reference.
Section 4. Routine maintenance including but not limited to: slurry seals,
grind and overlay and reconstruction to maintain original line and grade are excluded
from the Green Streets Manual.
Section 5. At its regular meeting held on October 15, 2013, the City
Council determined that the public interest and necessity justify the adoption of the
Green Streets Manual.
PASSED, APPROVED, AND ADOPTED this 15th day of October, 2013.
ATTEST:
Tommye Cribbins
City Clerk
940347.1
Jack Tanaka
Mayor
I, Tommye Cribbins, City Clerk of the City of Diamond Bar, do hereby certify that the
foregoing Resolution was duly introduced, passed, and adopted by the City Council of
the City of Diamond Bar, at a regular meeting of the City Council held on the 15th Day of
October, 2013 by the following vote:
AYES: Council Member:
NOES: Council Member:
ABSTAIN: Council Member:
ABSENT: Council Member:
940347.1
Tommye Cribbins
City Clerk
-i:
I I'm-,
Green Streets Manua!
TABLE OF CONTENTS
Section1— Introduction................................................................................................................................1
1.1 What are Green Streets?...............................................................................................................1
1.2 Why are Green Streets being required?.......................................................................................1
1.3 Planning and Development...........................................................................................................2
1.3.1 Site Considerations................................................................................................................2
1.3.2 Design Considerations...........................................................................................................3
1.3.3 BMP Sizing for Applicable Green Streets Projects.................................................................3
1.3.4 Alternative Compliance Options for Applicable Green Streets Projects...............................4
1.3.5 Infiltration Considerations.....................................................................................................4
Section2 — Infiltration...................................................................................................................................8
2.1 Bioretention..................................................................................................................................8
2.2 Infiltration Trenches and Dry Wells...............................................................................................8
2.3 Rain Gardens.................................................................................................................................9
2.4 Permeable Pavement..................................................................................................................10
Section3 — Biotreatment............................................................................................................................12
3.1 Flow -Through Planters................................................................................................................12
3.2 Vegetated Swales........................................................................................................................14
3.3 Vegetated Buffer Strips...............................................................................................................15
Section4—Treatment BMPs.......................................................................................................................16
4.1 Storm Drain Inlet Protections......................................................................................................16
Section5 — Street Trees...............................................................................................................................18
5.1 Street Trees.................................................................................................................................18
Section6 — Definitions.................................................................................................................................19
Section7 — References................................................................................................................................21
City of Diamond Bar Table of Contents lune 2013
Green Streets Manual
SECTION 1- INTRODUCTION
1.1 WHAT ARE GREEN STREETS?
Roads present many opportunities for green infrastructure application. One principle of green
infrastructure involves reducing and treating stormwater close to its source. Urban transportation right-
of-ways integrated with green techniques are often called "green streets." Green streets provide source
controls for stormwater runoff and pollutant loads. In addition, green infrastructure approaches
complement street facility upgrades, street aesthetic improvements, and urban tree canopy efforts that
also make use of the right-of-way and allow it to achieve multiple goals and benefits. Using the right-of-
way for treatment of stormwater runoff links green with grey infrastructure by making use of the
engineered conveyance of roads and providing connections to conveyance systems when needed.
Green streets are beneficial for new road construction and retrofits. They can provide substantial
economic benefits when used in transportation applications. Coordinating green infrastructure
installation with broader transportation improvements can reduce the cost of stormwater management
by including it within larger infrastructure improvements. A large municipal concern regarding green
infrastructure use is maintenance access; using roads and right-of-ways as locations for green
infrastructure not only addresses a significant pollutant source, but also alleviates access and
maintenance concerns by using public space. Also, right-of-way installations allow for easy public
maintenance.
Green streets can incorporate a wide variety of design elements including street trees, permeable
pavements, bioretention, and swales. Although the design and appearance of green streets will vary,
the functional goals are the same; provide source control of stormwater, limit its transport and pollutant
conveyance to the collection system, restore pre -development hydrology to the maximum extent
practicable, and provide environmentally enhanced roads. Successful application of green techniques
will encourage soil and vegetation contact and infiltration and retention of stormwater.
1.2 WHY ARE GREEN STREETS BEING REQUIRED?
This Green Streets Manual provides guidance to help achieve the goals of the MS4 Permit (Order
Number R4-2012-0175) which requires that jurisdictions in Los Angeles County reduce contaminants in
runoff to improve water quality in waterways. These requirements stem from the National Pollutant
Discharge Elimination System (NPDES) requirements of the Clean Water Act (CWA).
The MS4 Permit requires Green Streets strategies to be implemented for transportation corridors.
Transportation corridors represent a significant percentage of the impervious area within Los Angeles
and therefore generate a substantial amount of runoff from storm events. The altered flow regime from
traditional roadways, increased runoff volume, and high runoff peak flows, are damaging to the
environment and a risk to property downstream.
Traditionally, street design has focused on removing water from the street as quickly as possible and
transferring it to storm drains, channels, and water bodies. Stormwater runoff can contain bacteria and
other pollutants, and is thereby regulated at the state and local level (refer to Table 1 for a list of
pollutants typical of roads). Green Streets will help to transform the design of streets from the
conventional method of moving water off-site as quickly as possible to a method of storing and treating
water on-site for a cleaner discharge into the waters of the U.S.
City of Diamond Bar Page 1 - lune 2013
Street and road construction applies to major arterials, state routes, highways, or rail lines used for the
movement of people or goods by means of bus services, trucks, and vehicles, and transportation
corridors within larger projects. Projects which are required under the MS4 permit (Order Number R4-
2012-0175) to follow this Green Streets Guidance Manual include the following:
1. Street and road construction of 10,000 square feet or more of impervious surface area within a
transportation corridor.
2. Street and road redevelopment resulting in the creation or addition or replacement of 5,000
square feet or more of impervious surface area on an already developed site. Redevelopment
does not include routine maintenance activities that are conducted to maintain original line and
grade, hydraulic capacity, original purpose of facility or emergency redevelopment activity
required to protect public health and safety. Impervious surface replacement, such as the
reconstruction of parking lots and roadways which does not disturb additional area and
maintains the original grade and alignment, is considered a routine maintenance activity.
Redevelopment does not include the repaving of existing roads to maintain original line and
grade.
3. For projects not listed above, as determined by the Director of Public Works.
Table 1: Examples of Stormwater Pollutants Typical of Roads (Managing Wet Weather With Green Infrastructure Municipal
Handbook., Green Streets, 2008).
Pollutant
Source
Effects
Trash
Littering
Physical damage to aquatic animals and fish,
release of poisonous substances
Increased turbidity, increased transport of soil
Sediment/solids
Construction, unpaved areas
bound pollutants, negative effects on aquatic
organisms reproduction and function
Metals (Copper, Zinc, Lead,
Vehicle brake pads, vehicle tires, motor oil, vehicle
Toxic aquatic organisms and can accumulate in
Arsenic)
emissions and engines, vehicle emissions, brake
sed
sediments arid fish tissues
linings, automotive fluids
Organics associated with
petroleum (e.g., PAHs)
Vehicle emissions, automotive fluids, gas stations
Toxic to aquatic organisms
Nutrients
Vehicle emissions, atmospheric deposition
Promotes eutrophication and depleted dissolved
oxygen concentrations
1.3 PLANNING AND DEVELOPMENT
Ideally, a site would be designed to capture and use or infiltrate the entire runoff volume of a storm,
however site and design constraints make it difficult to achieve that goal. This Green Streets Manual is
designed to provide guidance with BMP selection based on site constraints typical to street design.
Streetscape geometry, topography, and climate determine the types of controls that can be
implemented. The initial step in selecting a stormwater tool is determining the available open space
and constraints. Stormwater controls should be selected using the hierarchy represented in Figure 1,
the site guidelines represented in Table 2, and the location opportunities listed in Table 3.
1.3.1 Site Considerations
Specific elements which should be given special consideration in the site assessment process for
applicable Green Streets include:
City of Diamond Bar Page 2 lune 2013
• Ownership of land adjacent to right of ways. The opportunity to provide stormwater
treatment may depend on the ownership of land adjacent to the right-of-way. Acquisition of
additional right-of-way and/or access easements may be more feasible if land bordering the
project is owned by relatively few land owners.
• Location of existing utilities. The location of existing storm drainage utilities can influence the
opportunities for Green Streets infrastructure. For example, stormwater planters can be
designed to overflow along the curb -line to an existing storm drain inlet, thereby avoiding the
infrastructure costs associated with an additional inlet. The location of other utilities may limit
the allowable placement of BMPs to only those areas where a clear pathway to the storm drain
exists.
• Grade differential between road surface and storm drain system. Some BMPs require more
head from inlet to outlet than others; therefore, allowable head drop may be an important
consideration in BMP selection. Storm drain elevations may be constrained by a variety of
factors in a roadway project (utility crossings, outfall elevations, etc.) that cannot be overcome
and may override stormwater management considerations.
• Longitudinal slope. The suite of BMPs which may be installed on steeper road sections is more
limited. Specifically, permeable pavement and swales are more suitable for gentle grades.
Other BMPs may be more readily terraced to be used on steeper slopes.
• Soil suitability. Infiltration BMPs require specific types of soil. The site assessment should
determine the type of soils on the site and the infiltration rate of the soils if infiltration BMPs are
proposed.
• Potential access opportunities. A significant concern with installation of BMPs in major right of
ways is the ability to safely access the BMPs for maintenance considering traffic hazards.
Vehicle travel lanes and specific areas potentially hazardous for maintenance crews should be
identified during the site assessment. The Green Streets WQMP should provide subsequent
steps to avoid placing BMPs in the identified hazardous areas.
1.3.2 Design Considerations
The drainage patterns of the project should be developed so that drainage can be routed to areas with
BMP opportunities before entering storm drains. For example, if a median strip is present, a reverse
crown should be considered, where allowed, so that stormwater can drain to a median swale. Likewise,
standard peak -flow curb inlets should be located downstream of areas with potential for stormwater
planters so that water can first flow into the planter, and then overflow to the downstream inlet if
capacity of the planter is exceeded. It is more difficult to apply green infrastructure after water has
entered the storm drain.
Green Streets projects are not required to treat off-site runoff; however treatment of comingled off-site
runoff may be used to off -set the inability to treat areas within the project for which significant
constraints prevent the ability to provide treatment.
1.3.3 BMP Sizing for Applicable Green Streets Projects
An 85th percentile standard design storm should be used to determine the appropriate size, slope, and
materials of each facility. After identifying the appropriate stormwater facilities for a site, an integrated
approach using several BMPs is encouraged. To increase water quality and functional hydrologic
benefits, several stormwater management BMPs can be used in succession. This is called a treatment
train approach. The control measures should be designed using available topography to take advantage
City of Diamond Bar Page 3 June 2013
of gravity for conveyance to and through each facility. All Green Streets designs must be based off of a
published design standard.
The following steps should be used to size BMPs for applicable Green Streets projects:
1. Delineate drainage areas tributary to BMP locations and compute imperviousness.
2. Look up the recommended sizing method for the BMP selected in each drainage area and
calculate target sizing criteria.
3. Design BMPs per a published design standard.
4. Attempt to provide the calculated sizing criteria for the selected BMPs.
5. If sizing criteria cannot be achieved, document the constraints that override the application of
BMPs and provide the largest portion of the sizing criteria that can be reasonably provided given
constraints. If BMPs cannot be sized to provide the calculated volume for the tributary area, it is
still important to design the BMP inlet, energy dissipation, and overflow capacity for the full
tributary area to ensure that flooding and scour is avoided. It is strongly recommended that
BMPs which are designed to less than their target design volume be designed to bypass peak
flows.
1.3.4 Alternative Compliance Options for Applicable Green Streets Projects
Alternative compliance programs should be considered for applicable Green Streets projects if on-site
green infrastructure approaches cannot practicably treat the design volume. The primary alternative
compliance option for applicable Green Streets projects is the completion of off-site mitigation projects.
The proponent would implement a project to reduce stormwater pollution for other portions of
roadway or similar land uses when being reconstructed to the project in the same hydrologic unit,
ideally as close to the project as possible and discharging to the same outfall.
1.3.5 Infiltration Considerations
Appropriate soils, infiltration media, and infiltration rates should be used for infiltration BMPs. If
infiltration is proposed, a complete geotechnical or soils report should be undertaken to determine
infiltration rates, groundwater depth, soil toxicity and stability, and other factors that will affect the
ability and the desirability of infiltration. At a minimum, the infiltration capacity of the underlying soils
shall be deemed suitable for infiltration (0.3 inches per hour or greater), appropriate media should be
used in the BMP itself, the groundwater shall be located at a depth of ten feet or greater.
City of Diamond Bar Page 4 June 2013
ie if Green Streets
Applicable
Does the Project involve a
Transportation Corridor?
Yes ? No
Does the Following Apply -
New Development of 10,000 sf or More. 'a^v��Green Streets
Green Streets Canditionally Required? #
Yer No
Green Streets Development «a�,reen Streets Does
Project
Determine Site Conditions
and Constraints
Determine Infiltration
Feasibility
Infiltration Feasible Infiltration Infeasible
Assess Space Available for
Blotreatment BMPS
Biotreatment Feasible 4 � Biotreatmentlnfeasible
Implement Biotreatment Implement Treatmen
BMPs (See Section 4)
Figure 1: BMP Selection Flow Chart.
City of Diamond Bar page 5 lune 2013
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Table 3: BMP Location Opportunity Summary.
BMP
Location Opportunity Summary
❑
Adjacent to traveled way and in frontage or furniture sidewalk zones
Bioretention
❑
Can be located in curb extensions, medians, traffic circles,
roundabouts, and any other landscaped area
❑
Suitable for constrained locations
Infiltration Trench/Dry Well
❑
Can be located under sidewalks and in sidewalk planting strips, curb
extensions, roundabouts, and medians
❑
Can be integrated medians, islands, circles, street ends, chicanes, and
Rain Gardens
curb extensions
❑
Can be located at the terminus of swales in the landscape
Suitable for parking or emergency access lanes
❑
Can be located in furniture zones of sidewalks especially adjacent to
tree wells
Permeable Pavement
❑
Cannot be placed in areas with large traffic volume or heavy load lanes
❑
Avoid steep streets
❑
Cannot be placed within 20 feet of sub -sidewalk basements
Cannot be within 50 feet of domestic water wells
❑
Above -grade planters should be structurally separate from adjacent
sidewalks
Flow -Through Planters
❑
At -grade planter systems can be installed adjacent to curbs within the
frontage and/or furniture zones
Can be located adjacent to roadways, sidewalks, or parking areas
❑
Can be integrated into traffic calming devices such as chicanes and
curb extensions
Vegetated Swales
❑
Can be placed in medians where the street drains to the median
❑
Can be placed alongside streets and pathways
Should be designed to work in conjunction with the street slope
❑
Can be located in multi -way boulevards, park edge streets, or sidewalk
Vegetated Buffer Strips
furniture zones
❑
Can serve as pre-treatment
❑
Can be located in a catch basin, manhole, or vault
❑
Can be installed on an existing outlet pipe or at the bottom of an
existing catch basin with an overflow
❑
Can be placed on existing curbside catch basins and flush grate
Treatment BMPs
openings
❑
Can be installed on the existing wall of a catch basin and on the curb
side wall of a catch basin
❑
Minimum set -backs from foundations and slopes should be observed if
the BMP is not lined
❑
Can be placed on sidewalks, in furniture zones, and on medians
Street Trees
❑
Adequate spacing must be provided between trees and street lights,
pedestrian lights, accessible parking spaces, bus shelters, awnings,
canopies, balconies, and signs
City of Diamond Bar Page 7 of 23 lune 2013
SECTION 2 - INFILTRATION
Infiltration systems utilize rock, gravel, and other highly permeable materials for on-site infiltration. In
these systems, stormwater runoff is directed to the system and allowed to infiltrate into the soils for on-
site retention and groundwater recharge. During small storm events, infiltration systems can result in
significant or even complete volume reduction of stormwater runoff.
Infiltration should be used to the maximum extent practicable. Biotreatment BMPs should be
considered if infiltration is found to be infeasible due to low infiltration rates, soil instability, high
groundwater, or soil contamination.
Infiltration BMPs may become damaged by stormwater carr,
treatment features should be designed to treat street runoff
Media filters, filter inserts, vortex type units, bioretention de
several pre-treatment tools effective at removing sediment
2.1 INFILTRATION TRENCHES AN]
Drain Rock `
Native Soil y Q - `L`l
Figure 2: Infiltration Trench (Model fare
Description,<
Infiltration trenches are linear, rc
sub -surface void space in perp
contribute to, groundwater rech
concentrated flow from a Swale;
they are not flow-through BMPs,'
for large storm events.
Dry wells are typically distinguish
are usually circular, resembling
trenches. Dry wells typically'acci
have outlets.
Optional Filter l
levels of sediment, therefore pre -
discharging to infiltration features.
mos, and sedimentation basins are
a high ratio of
ay 'provide on-site stormwater retention and may
trenches may accept stormwater from sheet flow,
feature, or piped flow from a catch basin. Because
es do not have outlets but may have overflow outlets
rom infiltration trenches by being deeper than they are wide. They
well, and are backfilled with the same materials as infiltration
concentrated flow from surface features or from pipes and do not
Infiltration trenches and dry wells are typically designed to infiltrate all flow they receive. In large storm
events, partial infiltration of runoff can be achieved by providing an overflow outlet. In these systems,
significant or even complete volume reduction is possible in smaller storm events. During large storm
events, these systems may function as detention facilities and provide a limited amount of retention and
infiltration.
City of Diamond Bar Page 8 lune 2013
Location and placement guidelines
Infiltration trenches and dry wells typically have small surface footprints so they are potentially some of
the most flexible elements of landscape design. However, because they involve sub -surface excavation,
these features may interfere with surrounding structures. Care needs to be taken to ensure that
surrounding building foundations, pavement bases, and utilities are not damaged by infiltration
features. Once structural soundness is ensured, infiltration features may be located under sidewalks
and in sidewalk planting strips, curb extensions, roundabouts, and medians. When located in medians,
they are most effective when the street is graded to drain to the median. Dry wells require less surface
area than trenches and may be more feasible in densely developed areas.
Infiltration features should be sited on uncompacted soils with accepfdble infiltration capacity. They are
best used where soil and topography allow for moderate to good infiltration rates (0.3 inches per hour
or better) and the depth to groundwater is at least 10 feet. Prior to design of any retention or
infiltration system, proper soil investigation and percolation testing shall be conducted to determine
appropriate infiltration design rates, depth to groundwater, and if soil will exhibit instability as a result
of infiltration. Any site with potential for previous underground contamination shall be investigated.
Infiltration trenches and dry wells can be designed as stand-alone systems when water quality is not a
concern or may be combined in series with other stormwater tools.
Perforated pipes and piped inlets and
Cleanouts should be installed at both
piping, to allow access to the system. i
can be combined with clean -outs. If in(
properly designed for anticipated flows.
2.2 RAIN GARDENS
utlets may be included in the design of infiltration trenches.
ids of any piping and at regular intervals in long sections of
cess ports are recommended for both trenches and wells and
ided, the overflow inlet from the infiltration trench should be
Figure 3: Rain garden (Model for Living Streets Design Manual, 2011).
Description
Rain gardens are vegetated depressions in the landscape. They have flat bottoms and gently sloping
sides. Rain gardens can be similar in appearance to swales, but their footprints may be any shape. Rain
gardens hold water on the surface, like a pond, and have overflow outlets. The detained water is
infiltrated through the topsoil and subsurface drain rock unless the volume of water is so large that
City of Diamond Bar page .9 lune 2013
some must overflow. Rain gardens can reduce or eliminate off-site stormwater discharge while
increasing on-site recharge.
Location and Placement Guidelines
Rain gardens may be placed where there is sufficient area in the landscape and where soils are suitable
for infiltration. Rain gardens can be integrated with traffic calming measures installed along streets,
such as medians, islands, circles, street ends, chicanes, and curb extensions. Rain gardens are often
used at the terminus of swales in the landscape.
2.3 PERMEABLE PAVEMENT
Figure 4: Permeable pa
for Living Streets Design
Description
Permeable p;
absorbing rai
landscaped area
alternative to st
quickly. Permea
management fac
Location and P
Imary`purpose of slowing or eliminating direct runoff by
into the soil. Permeable pavement also filters and cleans
eets, reduces water volumes for existing overtaxed pipe
insite downstream infrastructure. This BMP is impaired by
porosity. Care should be taken to avoid flows from
nent. Permeable pavement is, in certain situations, an
onal pavement is designed to move stormwater off-site
accepts the water where it falls, minimizing the need for
jade,
Sidewalk P
p.Ia.avemen[ i �
Sidewalk
Figure 5: Possible pervious pavement design layout (Model for Living Streets Design Manual, 2011).
City of Diamond Bar Page 10 lune 2013
Conditions where permeable pavement should be encouraged include:
• Sites where there is limited space in the right-of-way for other BMPs;
• Parking or emergency access lanes; and
• Furniture zones of sidewalks especially adjacent to tree wells
Conditions where permeable pavement should be avoided include:
• Large traffic volume or heavy load lanes;
• Where runoff is already being harvested from an impervio
irrigation of bioretention landscape areas;
• Steep streets;
• Gas stations, car washes, auto repair, and other sites/sour
contamination;
•Areas with shallow groundwater;
• Within 20 feet of sub -sidewalk basements; and
• Within 50 feet of domestic water wells.
Material and Design Guidelines
A soil or geotechnical report should be conductei
the soil, load-bearing capacity of the soil, the -de
soil will exhibit instability as a result of implen
factors in the functionality of this BMP. Permea
bearing capacity as conventional pavement, so'
the underlying soil strength; and pavement use.
traffic lanes due to the possible variety of vehicle
ce for direct use, such as
chemical
ide information about the permeability rate of
roundwater (10 feet or more required), and if
i. Infiltration rate and load capacity are key
ment generally does not have the same load -
may have limited applications depending on
able pavement should not be used in general
and heavy volumes of traffic.
When used as a road paving, permeable pavement that carries light traffic loads typically has a thick
drain rock base material, Pavers should be concrete as opposed to brick or other light-duty materials.
Other possible permeable paving materials include porous concrete and porous asphalt. These surfaces
also have specific base materials that detaininfiltratedwater and provide structure for the road surface.
Base material' depths should be specified basedon design load and the soils report.
Plazas, emergency roads, and other areas of limited vehicular access can also be paved with permeable
pavement. Paving materials for these areas may include open cell paver blocks filled with stones or
grass and plastic cell systems. Base material specifications may vary depending on the product used,
design load, and underlying soils '
When used for pedestrian paths, sidewalks, and shared -use paths, appropriate materials include those
listed above as well as rubber pavers and decomposed granite or something similar (washed or pore -
clogging fine material). Pedestrian paths may also use broken concrete pavers as long as ADA
requirements are met. Paths should drain into adjoining landscapes and should be higher than adjoining
landscapes to prevent run-on. Pavement used for sidewalks and pedestrian paths should be ADA
compliant, especially smooth, and not exceed a 2 percent slope or have gaps wider than 0.25 inches. In
general, tripping hazards should be avoided.
City of Diamond Bar Page 11 June 2013
Design considerations for permeable pavement include:
• The location, slope and load-bearing capacity of the street, and the infiltration rate of the soil;
• The amount of storage capacity of the base course;
• The traffic volume and load from heavy vehicles;
• The design storm volume calculations and the quality of water; and
• Drain rock, filter fabrics, and other subsurface materials.
Maintenance Guidelines
Maintenance of permeable pavement systems is essential to their (continued functionality. Regular
vacuuming and street sweeping should be performed to remove sediment from the pavement surface.
The bedding and base material should be selected for long life and sufficient infiltration rates.
SECTION 3 - BIOTREATMENT
Biotreatment BMPs are landscaped, shallow depressions
These types of BMPs are an increasingly common type of st
at curb level and filled with a bioretention type soil. They e
devices that remove pollutants through ;a variety of pl
processes. They typically consist of a ponding area, mulch
is directed to the system and pollutants are treated, as the
and either infiltrated or collected by an underdrain and dire
Biotreatment should only be used, in cases where infiltra
infiltration rates, soil instability, high groundwater, or soil ci
3.1 BIORETENTION
that capture and filter stormwater runoff.
>rmwater treatment device that are installed
re designed as soil and plant -based filtration
iysical, biological, and chemical treatment
ayes, planting soils, and plants. Stormwater
stormwater drains through the planting soil
-ted to a collection system.
Figure 6: Bioretention system (Model for Living Streets Design Manual, 2011).
City of Diamond Bar
Page 12
infeasible due to low
June 2013
Description
Bioretention is a stormwater management process that cleans stormwater by mimicking natural soil
filtration processes as water flows through a bioretention BMP. It incorporates mulch, soil pores,
microbes, and vegetation to reduce and remove sediment and pollutants from stormwater.
Bioretention is designed to slow, spread, and, to some extent, infiltrate water. Each component of the
bioretention BMP is designed to assist in retaining water, evapotranspiration, and adsorption of
pollutants into the soil matrix. As runoff passes through the vegetation and soil, the combined effects of
filtration, absorption, adsorption, and biological uptake of plants remove pollutants.
For areas with low permeability or other soil constraints, bioretention can be designed as a flow-through
system with a barrier protecting stormwater from native soils. Bioretention areas can be designed with
an underdrain system that directs the treated runoff to infiltration areas, cisterns, or the storm drain
system, or may treat the water exclusively through surface flow. Examples of bioretention BMPs include
swales, planters, and vegetated buffer strips.
Location and Placement Guidelines
Bioretention facilities can be included in the design of all street components;; adjacent to the traveled
way and in the frontage or furniture sidewalk zones. They can be designed into curb extensions,
medians, traffic circles, roundabouts, and any other landscaped area. Depending on the feature,
maintenance and access should always be considered in locating the device. Bioretention systems are
also appropriate in constrained locations where other stormwater facilities requiring more extensive
subsurface materials are not feasible.
If bioretention devices are designed to include infiltration, native soil should have a minimum
permeability rate of 0.3 inches per hour and at least 10 feet to the groundwater table. Sites that have
more than a 5 percent slope may require other stormwater- management approaches or special
engineering.
3.2 FLOW -
Figure 7: Flow-through planter (Model for Living Streets Design Manual, 2011).
Description
Flow-through planters are typically above -grade or at -grade with solid walls and a flow-through bottom.
They are contained within an impermeable liner and use an underdrain to direct treated runoff back to
City of Diamond Bar Page 13 lune 2013
the collection system. Where space permits, buildings can direct roof drains first to building -adjacent
planters. Both underdrains and surface overflow drains are typically installed with building -adjacent
planters.
At -grade street -adjacent planter boxes are systems designed to take street runoff and/or sidewalk
runoff and incorporate bioretention processes to treat stormwater. These systems may or may not
include underdrains.
Location and Placement Guidelines
Above -grade planters should be structurally separate from adjacent sidewalks to allow for future
maintenance and structural stability per local department of public works' standards. At -grade planter
systems can be installed adjacent to curbs within the frontage and/or'furniture zones.
All planters should be designed to pond water for less t
planters designed to detain roof runoff can be integrated
either raised or at grade.
For at -grade planters, small localized depressi
flow into the planter. Following the inlet, a su
integrated into the design to reduce sediment I
3.3 VEGETATED SWALES
Figure 8: Vegetated swale
Description
after each storm. Flow-through
;'s foundation walls, and may be
included in the curb opening to encourage
ion) to capture sediment and debris may be
Swales are linear, vegetated depressions that capture rainfall and runoff from adjacent surfaces. The
swale bottom should have a gradual slope to convey water along its length. Swales can reduce off-site
stormwater discharge and remove pollutants along the way. In a swale, water is slowed by traveling
through vegetation on a relatively flat grade. This gives particulates time to settle out of the water while
contaminants are removed by the vegetation.
City of Diamond Bar Page 14 lune 2013
Location and Placement Guidelines
Swales can be located adjacent to roadways, sidewalks, or parking areas. Roadway runoff can be
directed into swales via flush curbs or small evenly -spaced curb cuts into a raised curb. Swale systems
can be integrated into traffic calming devices such as curb extensions.
Swales can be placed in medians where the street drains to the median. Placed alongside streets and
pathways, vegetated swales can be landscaped with native plants which filter sediment and pollutants
and provide habitat for wildlife. Swales should be designed to work in conjunction with the street slope
to maximize filtration and slowing of stormwater.
Swales are designed to allow water to slowly flow through the
design storm, an overflow or bypass for larger storm events r
designed to direct flow into the swale. Following the inlet, a si
debris.
3.4 VEGETATED BUFFER STRIPS
svauve or uesigneo
\i Growing Medium
Depending on the landscape and
ceded. Curb openings should be
be built to capture sediment and
Figure 9: Vegetated buffer strip detail (Model for Living Streets Design Manual, 2011).
Vegetated buffer strips are sloping planted areas designed to treat and absorb sheet flow from adjacent
impervious surfaces. These strips are not intended to detain or retain water, only to treat it as a flow-
through feature. They should not receive concentrated flow from swales or other surface features, or
concentrated flow from pipes.
Location and PlacementGuidelines
Vegetated buffer strips are well-suited to treating runoff from roads and highways, small parking lots,
and pervious surfaces. They may be commonly used on multi -way boulevards, park edge streets, or
sidewalk furniture zones with sufficient space. When selecting potential placement the need for
supplemental irrigation should be considered. Vegetated buffers can also be situated so they serve as
pre-treatment for another stormwater management feature, such as an infiltration BMP.
City of Diamond Bar Page 15 lune 2013
SECTION 4 - TREATMENT BMPS
4.1 SAND FILTERS & STORM DRAIN INLET PROTECTIONS
As described in Section 1 of this Green Streets Manual, it may be infeasible for specific projects to apply
infiltration or biotreatment BMPs. In these cases, sand filters or filter inserts as treatment BMPs can be
considered as an alternative. Sand filters and filter inserts can be designed to prevent particulates,
debris, metals, and petroleum-based materials conveyed by stormwater from entering the storm drain
system. All treatment BMP units should have an overflow system that allows the storm drain to remain
functional if the filtration system becomes clogged during rainstorms. All storm drain inlet protections
must be of a style and configuration approved by the agency with ownership of the inlet.
Typical maintenance of catch basins includes scheduled trash removal if a screen or other debris
capturing device is used. Street sweeping should be performed by vacuum sweepers with occasional
weed and large debris removal. Maintenance should include keeping a; log of the amount of sediment
collected and the data of removal.
The following are examples of possible
• Sand Filters: Sand filters are designed to filter stormwater through a constructed media bed
and to an underdrain system. As stormwater flows through the media pollutants are filtered
out of the water. The filtered water is conveyed through the underdrain to a collection system.
Pretreatment is necessary to eliminate significant sediment load or other large particles which
would clog the system. Minimum set backs from foundations and slopes should be observed if
the facility is not lined. Filters should be designed and maintained such that ponded water
should not persist for longer than 48 hours following a storm event.
• Cartridge Media Filters: Cartridge media filters contain' multiple modular filters which contain
engineered media. The filters can be located in a catch basin, manhole, or vault. The manhole
or vault may be divided into multiple chambers so that the first chamber may act as a pre -
settling basin for removal of coarse sediment while the next chamber may act as the filter
chamber. Cartridge media filters are recommended for drainage areas with limited available
surface area or where surface, BMPs would restrict uses. Depending on the number of
cartridges, maintenanceeventscan have long durations. Locations should be chosen so that
maintenance events will not significantly disrupt businesses or traffic. Inlet inserts should be
sized to capture all debris and should therefore be selected to match the specific size and shape
of each catch basin and inlet. Filter media should be selected to target pollutants of concern. A
combination of media may ;be used to remove a variety of pollutants. Systems with lower
maintenance requirements are preferred.
• Storm Drain Inlet Screens: Inlet screens are designed to prevent large litter and trash from
entering the storm drain system while allowing smaller particles to pass through. The screens
function as the first preventive measure in removing pollutants from the storm water system.
The city's street sweeping department should be consulted to ensure compliance with local
specifications and to schedule regular maintenance. Annual inspection of the screen is
recommended to ensure functionality. Note that most LA River drainage areas are already
protected using connector pipe screens through collective systems.
• Storm Drain Pipe Filter Insert: The storm drain outlet pipe filter is designed to be installed on
an existing outlet pipe or at the bottom of an existing catch basin with an overflow. This filter
City of Diamond Bar Page 16 lune 2013
removes debris, particulates, and other pollutants from stormwater as it leaves the storm drain
system. This BMP is less desirable than a protection system that prevents debris from entering
the storm drain system because the system may become clogged with debris. Outlet pipe filters
can be placed on existing curbside catch basins and flush grate openings. Regular maintenance
is required and inspection should be performed rigorously. Because this filter is located at the
outlet of a storm drain system, clogging with debris is not as apparent as with filters at street
level. This BMP may be used as a supplemental filter with an inlet screen or inlet insert unit.
City of Diamond Bar Page 17 lune 2013
SECTION 5 - STREET TREES
5.1 STREET TREES
Figure 10: Street trees (Signal Hill, CA).
Description
Healthy urban trees are powerful
rain as it falls, helping ;it to soa
quantities of water that would c
returned to the air through evz
sidewalks, street trees must be p
The goal of adding street trees is
surface either covered by or shade
elements in the, street should er
plantings should be retained and or
Benefits to adding street trees inch
• Creation of sh;
more pleasant
water management tools. Leaves and branches catch and slow
the ground. The plants, themselves take up and store large
se contribute to surface runoff. Part of this moisture is then
m to further cool the city. As an important element along
J with conditions that allow them to thrive, including adequate
icrease the canopy cover of the street, the percentage of its
vegetation. The selection, placement, and management of all
E! the :longevity of a city's street trees and healthy, mature
ed whenever possible.
!mperatures in a city, reduces energy use, and makes the street a
to walk and spend time
• Slowing and capture of rainwater, helping it soak into the ground to restore local hydrologic
functions and aquifers
• Improving air quality by cooling air, producing oxygen, and absorbing and storing carbon in
woody plant tissues
Guidelines
For guidelines on street tree design refer to the City's Street Tree Standards.
City of Diamond Bar Page 18 lune 2013
SECTION 6 - DEFINITIONS
Best Management Practice (BMP)
Operating methods and/or structural devices used to reduce stormwater volume, peak flows, and/or
pollutant concentrations of stormwater runoff through evapotranspiration, infiltration, detention,
filtration, and/or biological and chemical treatment.
Bioretention
Soil and plant -based retention practice that captures and biologically degrades pollutants as water
infiltrates through sub -surface layers containing microbes that treat, pollutants. Treated runoff is then
slowly infiltrated and recharges the groundwater.
Conveyance
The process of water moving from one place to another
Design Storm
A storm whose magnitude, rate, and intensity do not exceed the design load for a storm drainage
system or flood protection project.
Detention
Stormwater runoff that is collected at one rate and then released at a controlled rate. The volume
difference is held in temporary storage.
Filtration
A treatment process that allows for removal of solid (particulate) matter from water by means of porous
media such as sand, soil vegetation, or a man-made filter. Filtration is used to remove contaminants.
Furniture Zone
The furniture zone is the area which lies between the curb and pedestrian zones and is intended to
house utilities and pedestrian amenities.
Hardscape y
Impermeable', surfaces, such as concrete or Stone, used in the landscape environment along sidewalks or
in other areas used as public space;.
Infiltration
The process by which water penetrates into soil from the ground surface.
The quality of a soil or material that enables water to move through it, determining its suitability for
infiltration.
Retention
The reduction in total runoff that results when stormwater is diverted and allowed to infiltrate into the
ground through existing or engineered soil systems.
Runoff
Water from rainfall that flows over the land surface that is not absorbed into the ground.
City of Diamond Bar
Page 19
June 2013
Sedimentation
The deposition and/or settling of particles suspended in water as a result of the slowing of the water.
Stormwater
Water runoff from rain or snow resulting from a storm.
Transportation Corridor
A major arterial, state route, highway, or rail line used for the movement of people or goods by means
of bus services, trucks, and vehicles.
City of Diamond Bar Page 20 June 2013
SECTION 7 - REFERENCES
1. Los Angeles County. Model for Living Streets Design Manual. 2011.
2. U.S. Environmental Protection Agency (EPA). Managing Wet Weather With Green Infrastructure
Municipal Handbook: Green Streets. December 2008.
3. Orange County. Technical Guidance Document. May 2011.
City of Diamond Bar Page 21 lune 2013
VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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reflect my name and address as written above.
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VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL
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DATE: 1b 'fy e 3
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ORGANIZATION: ��� �� { �/� _P C ` cr_
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