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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 Copies of staff reports or other written documentation relating to agenda items are on file in the Office of the City Clerk, and are available for public inspection. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. In an effort to comply with the requirements of Title 11 of the Americans with Disabilities Act of 1990, the City of Diamond Bar requires that any person in need of any type of special equipment, assistance or accommodation(s) in order to communicate at a City public meeting, must inform the City Clerk a minimum of 72 hours prior to the scheduled meeting. Have online access? City Council Agendas are now available on the City of Diamond Bar's web site at www.CityofDiamondBar.com Please refrain from smoking, eating or drinking in the Council Chambers. The City of Diamond Bar uses recycled paper and encourages you to do the same. W THIS MEETING IS BEING VIDEOTAPED FOR REBROADCAST ON THE CITY'S GOVERNMENT ACCESS CHANNEL AND WEBSITE, BY REMAINING IN THE ROOM YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE REBROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND TUESDAYS AT 8:00 P.M. ON TIME -WARNER CABLE CHANNEL 3, VERIZON FIOS TELEVISION CHANNEL 47, AND AVAILABLE FOR VIEWING VIA ARCHIVED STREAMING VIDEO ON THE CITY'S WEBSITE WWW.DIAMONDBARCA.GOV 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. 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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 o r r iri o vi O M O] f9 V O Vj O O M O O- r O N m 0 o v o r m N O r M n M OO O N of O O O O r O N N N M V V V d O O O O r r r r 0 0 0 0 0 0 0 0 0 0 0 0 0 Z =t ~ W z a' Z O z O ~Z Z_ ~ Q [ w F a a J Z x ¢ a v v W W K K a a 2 W w w C7 a w a a C7 Q O O Z U Q Q of [if U < < > 2N 2 K = W Q Q Q Q r m m V V d M M M N i[l N O O O M M M M M O O O O O N N N N N N N N N N m rn m m m CD m o 0 0 0 O (O O M N O O � fA 43 � EA fR fA M loll O M N O M N O O N 0QQ m h M m YJ O W U U a a O M J U z O O O N z N N O O O Z O N O O O O O O O U M O N N O O V V a V Q N h C) N N U U [n V V z z z C) z z o w U YL= Z w 2 2 LL m D D t❑i U' U r 0 0 0 K 0 0 °; H m v o W N m O h O 0QQ W U U a a O J U z z Z U O LL Q U N U a Q h C) U U [n z z z C) z z o w U YL= Z w 2 2 LL m D D t❑i U' U r K K Z °; H � U O x x m v o W N m O h O a a z O N z z h z Z 2 2 0 U C7 O U J J w Z O Q Q w c z z V 2 Z w O Z 2 O Q OU O O Q W O Q D m O J Q Q w O � w. z z U O ai w m N r w Q ❑ K CL ❑ Z_ U ❑ Z w w m U m O O Z U Q Q Y FSU- w 22 J J Z m m F¢¢- J J U U Q Z z U w w K Y C7 O M M M M M M M M M M M M M �fl to m N N O N �J h lfl � tIJ N O O O O O O O O O O O O O M M M M M M M M M M M M M M O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N rn m m m m m rn rn rn rn m m m m O O O N O N M N ER N fR r fA H3 O O N O N O O O 0 O O O O N O O O Z O O N M O r O N O N 0 O m M o N 0 M N V d V N V N V V O N O N N O V V W V O N O N M M ff3 43 J M N O M EA O O J Z J FQ- r m Z - O O ¢ O a O O w z z M Un Z (¢7 JJ UU F- p Z } O J w > fn :500 6wo 2 O Z O Z > O x O J U n N UOn }w w O > ¢� U U } w 0 a N N N Uj r V O O M N (O M tp V tD of M (O O O o O O O O O N N N N V V V V O M O M m V M M 0 O M M OO O O O O O O a � Q Q U x } Y F- � U a O Lb0d)0 w w w w J J J J a a a a a a a a w w w w K K K K x x x x z to N N Z Z Z Z w w w w Y Y Y Y t` O M M M M O O O O N N N N lD (O f0 (D N N N N m m m m 0 0 0 0 o U U 0 O O O O Z O Z W O O r o J Q 0 m o 0 a M J N N N V V W V ❑ N N M M ff3 43 J N N 0 EA W J Z J FQ- r m Z N Q ¢ � � a W m ¢Z g a z U w G ZN W O w O Jfr Z Z 0 0 U U N N W W z Z O U y W ❑ } Z w N f1 Q Y N ❑ ❑ < z z O Z J K O Z < Q Z W W Z Z 0 0 w Z U O J >- Z w Z W r x O ❑ LLI Q O O w O o w m §U o w x = O w M M M M M M M M M M M M M M M N N N O O O O O O O O '. 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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. 1 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 Municode 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. http: //library.munic ode. comlprint. aspx?h=&clientID-12790&HTMRequest=http%3 a%2£.. 9/24/2013 Municode Page 2 of 21 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. http://library.municode.comlprint.aspx?h=&clientID=12790&HTMMequest=http%3 a%2f .. 9/24/2013 Municode Page 3 of 21 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 http://library.manicode.comlprint. aspx?h=&clientID-12790&HTMRequest=http%3 a%2£.. 9/24/2013 Municode Page 4 of 21 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 http:/Aibrary.municode.com/print.aspx?h=&clientID=12790&HTMRequest=http%3 a%2£.. 9/24/2013 Municode Page 5 of 21 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 http://library.municode. com/print. aspx?h=&clientID=12790&HTMReque st=http%3 a%2f... 9/24/2013 Municode Page 6 of 21 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. http://library.municode. conilprint. aspx?h=&clientID=12790&HTNMequest=http%3 a%2£.. 9/24/2013 Municode 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) http://libraiy.mumcode. comlprint.aspx?h=&clientID=12790&HTMRequest=http%3 a%2£.. 9/24/2013 Municode Page 8 of 21 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) http://library.municode.com/print. aspx?h=&clientID=12790&HTMRequest=http%3 a%2£.. 9/24/2013 Municode Page 9 of 21 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) http://library.municode.com/print.aspx?h=&clientID=12790&HTMRequest=http%3 a%2f... 9/24/2013 Municode Page 10 of 21 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) http://Iibrary.municode.com/print. aspx?h=&clientID=12790&HTMRequest=http%3 a°/u2£.. 9/24/2013 Municode Page 11 of 21 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. http://library.municode.comlprint.aspx?h=&clientID=12790&HTNMequest=http%3 a%2£.. 9/24/2013 Municode Page 12 of 21 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) http://library.municode.comlprint.aspx?h=&clientID-12790&HTMRequest—http%3 a%2£.. 9/24/2013 Municode 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) http://library.municode.comlprint. aspx?h=&clientID=12790&HTMRequest=http%3 a%2£.. 9/24/2013 Municode Page 14 of 21 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) http://library.municode. comlprint.aspx?h=&clientlD=12790&HTMRequest=http%3 a%2£.. 9/24/2013 Mmiicode Page 15 of 21 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 http://library.municode.comlprint. aspx?h=&clientID=12790&HTMRequest=http%3 a%2£.. 9/24/2013 Municode Page 16 of 21 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 http://library.municode.com/print.aspx?h=&clientID=12790&HTMRequest=http%3 a%2£.. 9/24/2013 Municode Page 17 of 21 (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) http://library.municode.con)/print.aspx?h=&clientlD=12790&HTMRequest=http%3 a%2f... 9/24/2013 Municode Sec. 10.16.1310. - Penalty provisions. Page 18 of 21 (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) http://library.municode.com/print.aspx?h=&client[D=12790&HTMRequest=http%3 a%2£.. 9/24/2013 Municode Page 19 of 21 (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: http://library.municode.com/print.aspx?h=&clientID-12790&HTNMequest=http%3 a%2E.. 9/24/2013 Municode Page 20 of 21 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 http://library.municode.com/print.aspx?h=&elientID=12790&HTMRequest=http%3 a%2£.. 9/24/2013 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) http://library.municode.comlprint.aspx?h=&clientID=12790&HTMRequest=http%3 a%2£.. 9/24/2013 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 http://library.municode.com/HTML/127901level3/CICO TITlOVETR CHIO.50PACIPR.h... 9/24/2013 CHAPTER 10.50. - PARKING CITATION PROCESSING Page 2 of 4 http://Iibrary.inunicode.com/HTML/12790/level3/CICO TITIOVETR CH10.50PACIPR.h... 9/24/2013 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 http://Iibrary.inunicode.com/HTML/12790/level3/CICO TITIOVETR CH10.50PACIPR.h... 9/24/2013 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 http://Iibrary.mujiicode.coiTHTML/12790/level3/CICO TITIOVETR CH10.50PACIPR.h... 9/24/2013 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) http://Iibrary.municode.comJHTML/12790/level3/CICO TITIOVETR CH10.50PACIPR.h... 9/24/2013 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 V o o E E E O U or u Fw2 z u 0 SP z w E Z7, R' A .25 V 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 TO: CITY CLERK FROM:hC Ob DATE: ! o S—/? r�11 t/ ADDRESS: v PHONE:��� d ORGANIZATION: AGENDA#/SUBJECT: I expect to address the Council on the subject agenda/subject item. PleaseXve the Council Minutes reflect my name and address as written above. SignatuT/ This document is a public record subject to disclosure under the Public Records Act. TO: FROM: ADDRESS: VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL CITY CLERK _mss % H ip h L/ S�541 /DATE: ORGANIZATION: AGENDA#/SUBJECT: I expect to address the Cm reflect my name and addre This document is a public rec /Z4- A�J-t/-z � PHONE: �— S �c� ID toNn BAW VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK / FROM:`jl l�( ADDRESS: ORGANIZATION: AGENDA#/SUBJECT: 3 ' I a G c- Ceu;, DATE: 1b 'fy e 3 PHONE: I expect to address the Council on the subject agenda/subject item. Please have the Council Minutes reflect my name and address as written above. " Signature This document is a public record subject to disclosure under the Public Records Act, D IOND 'BAIT _- VOLUNTARY REQUEST TO ADDRESS THE CITY COUNCIL TO: CITY CLERK (� t FROM :i l(l ��i �_ DATE: ADDRESS: PHONE: ORGANIZATION: ��� �� { �/� _P C ` cr_ AGENDA#/SUBJECT: V o yi JC &.z( I expect to address the Council on the subject agenda/subject i m. Please have the Council Minutes reflect my name and address as written above. r This document is a public record subject to disclosure under the Public Records Act.